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Tag Archives: remedies

Apologies and the law: Alan Jones again

one thing I don’t need is any more apologies i got sorry greetin me at my front door you can keep yrs i don’t know what to do wit em they don’t open doors or bring the sun back they don’t make me happy or get a mornin paper didn’t nobody stop usin my tears […]

High Court says that bank fees may be penalties

In Andrews v Australia and New Zealand Banking Group Ltd [2012] HCA 30, the Australian High Court decided that bank fees may potentially be penalties, notwithstanding the fact that the trigger for the imposition of most of the fees was not a breach of contract. I’ve already outlined the law against penalties in some detail […]

Doing what ought to be done

One of the questions in the law of private law remedies is: how do we repair the wrong that has been done? What is the best way of doing this which nevertheless respects the autonomy of the parties and balances their rights? One way in which courts can remedy some wrongs is by ordering the […]