What is Consequential Loss?
A breach of a contract will likely result in a loss for one or all parties to the contract. The loss in a contract which both parties reasonably foresee at the time they enter into the contract is called consequential…
Breach of Consumer Guarantees
Consumers are often aware that the consumer guarantees give them rights against businesses. Less well known are what remedies are available to them when this happens. However, all consumers need to know about it. Such knowledge will enable them to…
When is a Consumer Entitled to a Remedy?
We all know one or two Latin phrases. Carpe Diem – Seize the day, and Caesar’s immortal proclamation to the Roman Senate after his conquest of Pharnace – Veni Vidi Vici (I came, I saw, I conquered). Less familiar to…
Breaching a Publishing Contract as a Writer
For a publisher, one of the biggest concerns is what happens if a writer breaches a publishing contract? There are various scenarios in which this can happen, but perhaps the most concerning for publishers is when the writer lies in the…
High Court Examines Promissory Estoppel
In a recent application for leave to appeal to the High Court of Australia, the issue of when the doctrine of promissory estoppel will be applied was left open for reinterpretation by our highest Court. Here, during negotiation over a…
What Factors Can Limit an Award of Damages for Breach of Contract?
If you enter into a contract with another party, and they do not undertake part of the agreement, then they may be in breach of the contract. If you suffer indirect or direct losses as a result of their actions,…
How Are Damages Assessed for Copyright Infringement?
We earlier asked who owns the copyright in downloaded or uploaded photos. Below, we turn our attention to how the court assesses damages for copyright infringement under the Copyright Act 1968 (the Act). What are the Remedies Under the Copyright Act? The…
Who Owns the Copyright in Downloaded Photos?
Every day, we see beautiful images. The internet’s accessibility and our smartphones enable us to share our photographs and view, copy and download others. Downloaded photos from the internet can, however, present a problem when people are unaware or forget that…
A Roadmap to Remedies for Copyright Infringement
If you compose a piece of music, paint a portrait or write the code for a software program, it is likely that you are the owner of a type of intellectual property called copyright. As the copyright owner, you have…
What Remedies Are Available for a Breach of Contract?
The two key types of remedies generally available for breach of contract are damages and specific performance. The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who…
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