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In this erudite text, Professor Ong applies a forensic knowledge of the relevant case law, across Australian and international jurisdictions, resulting in a comprehensive analysis of Specific Performance. Denis Ong is a Professor of Law at Bond University.
In this book Professor Denis Ong, author of the acclaimed works Trusts Law, Ong on Equity and Ong on Specific Performance, addresses the complexities of the equitable doctrine of Subrogation. This lucid text ranges over all areas where the doctrine is most commonly applied âe" insurance, trusts and the administration of estates, and sureties. Generally, the key principles of law are identified and the key cases, across Australian and international jurisdictions, discussed in detail.
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Analyses relevant cases of Trusts Law from the Australian and from international jurisdictions and reviews various aspects of judicial decision making. This title considers the questions as they arise in judicial reasoning in an incisive and learned style and offers fresh insights and thoughtful scholarly analysis in respect of various topics.
This second edition of Sale of Businesses in Australia concentrates on the sale of small businesses trading as individuals or in partnership under the standard Sales of Business contracts promulgated by the various Law Societies and Real Estate Institutes. Several chapters also apply to the sale of businesses generally.Topics covered include:matters relating to the typical transaction: stock in trade, goodwill, plant and fixtures; additional matters such as intellectual property, business names, and the transfer of business leases; special contract provisions, including restraint of trade and employee provisions, and other special conditions commonly found in contracts; taxation implications of the sale; time stipulations; obligations on completion; disclosure obligations; remedies for commonly encountered types of breach by either party.The book serves as an ideal reference point for the busy legal practitioner involved in advising upon these transactions and has extensive references to the standard contracts in New South Wales, Victoria and Queensland.
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In Ong on Rectification, Professor Denis SK Ong brings his customary penetrating analysis of the authorities to the equitable remedy of rectification.Topics discussed include: the nature of rectification; a detailed exploration of the principles of contractual construction; the difference between construction and rectification; rectification of both common and unilateral mistakes; and rectification of wills.Professor Ong very carefully sets out both the Australian and English authorities, highlighting the differences between them as well as remaining "grey" or unresolved areas. His analysis of the High Court decisions on construction, following the House of Lords decision in Chartbrook Ltd, ...
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary paymen...