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Chapter 13: Self-help remedies

Chapter 13: Self-help remedies

pp. 454-475

Authors

, University of Melbourne, , Edith Cowan University, Western Australia, , Edith Cowan University, Western Australia
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Extract

While the focus of this casebook is on remedies that are awarded pursuant to a judicial order, most disputes are settled outside court. Of course, self-help remedies are not remedies in the strict sense of the word, because they do not involve court orders; rather the court gives the plaintiff permission to act in a particular way. It could be said that the plaintiff is vindicating her own rights. However, courts prefer to ensure that ‘self-help’ is exercised reasonably.

Keywords

  • remedies
  • Australian private law
  • civil remedies
  • self-help remedies
  • tort and self-help
  • contract and self-help
  • contractual remedies
  • self-defence

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