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Mason & Carter's Restitution Law in Australia 4th Edition

Mason & Carter's Restitution Law in Australia 4th Edition

Author: K Mason; J W Carter; G J Tolhurst
Publisher: LexisNexis Australia
ISBN: 9780409352245
Published In: July 2021
Format: Hardback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Restitution is one of the law’s few remaining commons, largely untouched by statute. Fifty years ago restitution was a wilderness, an apparent ‘miscellany of disparate categories’ through which litigant, judge and student trudged holding a compass marked ‘implied contract’ at its four points. The landscape of the modern Australian law of restitution, however, is complex. The topic of restitution addressed by the authors includes doctrines responding to different policies as well as gain-based remedies appurtenant to wrongs with their juridical source outside unjust enrichment, which is only one of the bases for restitution.

The fourth edition has been fully revised and updated and some chapters rewritten. There is extensive reference to Mann v Paterson Constructions Pty Ltd (2019), a High Court decision welcomed as to its outcome and its reversal of decisions criticised in earlier editions. The unorthodox and confusing reasoning of the justices, and the dangers posed to the coherent structure of restitution law, are also discussed.

This authoritative analysis of the law of restitution is essential reading for members of the judiciary, barristers and solicitors, as well as students of commercial law, equity and remedies.

PART I — INTRODUCTION

Ch 1. Restitution, Quasi-contract and Unjust Enrichment

Ch 2. Classifying Claims and Remedies in Restitution

PART II — CLAIMS BASED ON WANT OF TITLE

Ch 3. Want of Title: Misdirected Funds and Tracing

PART III — MISTAKE

Ch 4. Mistake

PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION

Ch 5. Improper Pressure

Ch 6. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation

Ch 7. Judgments Reversed or Set Aside

Ch 8. Necessitous Intervention: Restitution for Unsolicited Services or Payments