Unjust Enrichment, 2nd Edition

Restitution

Unjust Enrichment, 2nd Edition

Edited by James Edelman · Elise Bant
Hart Publishing August 2016

Specifications

ISBN-13
9781841133188
Publisher
Hart Publishing
Publication
August 2016
Format
Paperback , 480 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

Table of Contents

Part I: The Action For Unjust Enrichment
1. Introduction 
2. The Nature of an Action Based on Unjust Enrichment 
3. The Remedy of Restitution 
4. The Enrichment Enquiry 
5. At the Expense of the Plaintiff 
6. The Unjust Enquiry 
7. Negating Juristic Reasons 

Part III: The Unjust Factors
8. Mistake 
9. Duress or Illegitimate Pressure 
10. Undue Influence 
11. Failure of Consideration 
12. No Intention to Benefit the Defendant 
13. Policy-Based Reasons for Restitution 
14. Change of Position 
15. Other Defences 

About the Author

James Edelman, now a Justice of the Supreme Court of Western Australia, was formerly Professor of the Law of Obligations at Oxford University.
Elise Bant is a Professor of Law at the University of Melbourne.

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