September 10, 2012 – 5:29 pm
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 […]
By Legal Eagle
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Posted in Economics, Equity, Law
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Also tagged ANZ, ANZ v Andrews, bank fees, banks, class action, Equity, form and substance, High Court of Australia, liquidated damages, New South Wales Court of Appeal, penalties, remedies
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September 6, 2012 – 8:38 am
Only the other day, Sinclair Davidson and I were debating the nature of bank fees and whether they were penalties. In that post, I noted the case of Andrews v Australian and New Zealand Banking Group [2011] FCA 1376 where customers of the ANZ were suing it in relation to a variety of fees the […]
August 15, 2012 – 8:49 pm
Sinclair Davidson at Catallaxy has written a post on excessive fees charged by banks, and said this: [The argument that the fees were designed purely to enrich the bank] is a bit hard to take. When you begin a banking relationship you normally sign a contract that includes the fees that you’ll pay for various […]
By Legal Eagle
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Posted in Economics, Equity, Law, Society
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Also tagged ANZ, bank fees, banking law, banks, Catallaxy, champerty, class actions, dishonour fees, Economics, freedom of contract, genuine pre-estimate, High Court of Australia, litigation funding, Lord Dunedin, Maurice Blackburn, penalties, Restitution, sinclair davidson, the market
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I am extremely proud to announce that my book has been published today. Here is the little summary from the publisher’s website: This book defends the view that an award of an account of profits (or ‘disgorgement damages’) for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in […]
By Legal Eagle
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Posted in Academia, Books, Economics, England, Equity, Intellectual property, Law, Personal, Philosophy, Restitution, Tort
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Also tagged account of profit, Accounting for Profit for Breach of Contract, Attorney General v Blake, breach of contract, compensation, deterrence, Equity, fusion fallacy, heresy, house of lords, Intellectual property, Katy Barnett, law and economics, obligations, performance interest, private law, property law, punishment, tort law, vindication
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The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]
By Legal Eagle
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Posted in Academia, Equity, Insolvency law, Law, Restitution, Taxation
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Also tagged action for money had and received, blueberry farms, Companies Act, Equuscorp, failure of consideration, High Court of Australia, illegality, investment schemes, loans, Peter Birks, prospectuses, restitution law, tax minimization, unjust enrichment, void contracts
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August 26, 2011 – 10:32 am
You have to feel pretty sorry for the New South Wales couple who thought that they had a winning scratchie ticket. The rules of the ticket were that if the word and the picture matched, the person got the stipulated sum of money: Bale Kuzmanovski felt an ”explosion of elation” when the instant scratchie his […]
By Legal Eagle
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Posted in Law, Society
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Also tagged bathe, breach of contract, damages, damages for disappointment and distress, Full Federal Court, gambling, incorporation of contractual terms, Kuzmanovskis, lotteries, Lotteries Act, lottery ticket, misleading and deceptive conduct, NSW Lotteries, scratchie ticket, swim
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Have you ever made a good cocktail by accident? You know, where you combine various ingredients — including quite a few that don’t seem to go together — and yet finish up with something awesome? Yeah, doesn’t happen often, does it? Or it only tastes good when you’re drunk. Taste the mix again later — […]
By skepticlawyer
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Posted in Academia, Economics, Law, Philosophy, Politics
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Also tagged Bob Carr, Carl Schmitt, Chantal Mouffe, civil law, cocktail mixing, consensus ad idem, consumer protection, David Hume, David Mamet, delict, Derry v Peek, Donoghue v Stevenson, error, F. A. Hayek, false consciousness, George Akerlof, Hedley Byrne v Heller, Heidegger, Hillsborough cases, inherent value, Karl Marx, Labour theory of value, lenin, Mark Bahnisch, mistake, mutually beneficial exchange, Neil MacCormick, praetorian edict, Roman law, Sale of Goods Act, slavery, terry eagleton, The Market for Lemons, Thoughtlines, tort, Ulpian, virtue ethics, Weimar Republic
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October 30, 2010 – 8:39 pm
One of my key areas of interest and research involves considering if and when we should strip profit which has been derived from breach of contract. The landmark cases often involve former spies who have published a book without the consent of their former government employers. Such cases are made easier by the fact that […]
By Legal Eagle
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Posted in Equity, Law, Public Policy, Restitution, Society, Terrorism
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Also tagged account of profits, afghanistan war, australia, Australian politics, Books, criminal law, David Hicks, disgorgement, disgorgement damages, Guantanamo, Guantanamo Bay, islam, privity, proceeds of crime, Terrorism, United States, United States Military Commission, war on terror
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September 17, 2010 – 2:50 pm
Via the Restitution Discussion Group, a fascinating case…this time a celebrity diner who became violently ill after eating a meal at a celebrity restaurant. From The Independent: Boxing TV host Jim Rosenthal lost a legal bout with chef Heston Blumenthal today as a judge ruled he should not be refunded for a £1,300 meal which […]
By Legal Eagle
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Posted in Law, Restitution
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Also tagged "little dry nutcakes", Baltic Shipping Co v Dillon, contract, failure of consideration, food, food poisoning, holidays, Jarvis v Swan Tours, Mikhail Lermontov, restaurant, Restitution, Restitution Discussion Group, unjust enrichment
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In my chosen area of study, much ink is spilled on the topic of whether contract damages merely compensate for loss, or whether there are other exceptional measures of damages which may be employed (gain-based damages of various types, punitive damages etc). Still, there are some things we agree on. If you look in a […]