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

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

  • Author:
  • Publisher: LexisNexis Australia
  • ISBN: 9780409352252
  • Published In: July 2021
  • Format: Paperback
  • Jurisdiction: Australia ? Disclaimer:
    Countri(es) stated herein are used as reference only
HKD 1,522.80
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  • Description 
  • Contents 
  • Author 
  • Reviews
  • Details

    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.

    Features

    • Authoritative analysis by pre-eminent authors
    • Scholarly
    • Comprehensive

  • PART I — INTRODUCTION
    1. Restitution, Quasi-contract and Unjust Enrichment 
    2. Classifying Claims and Remedies in Restitution 

    PART II — CLAIMS BASED ON WANT OF TITLE
    3. Want of Title: Misdirected Funds and Tracing 

    PART III — MISTAKE
    4. Mistake 

    PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
    5. Improper Pressure 
    6. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation 
    7. Judgments Reversed or Set Aside 
    8. Necessitous Intervention: Restitution for Unsolicited Services or Payments 

    PART V — INEFFECTIVE CONTRACTS
    9. Introduction to Ineffective Contracts 
    10. Inherently Ineffective Contracts 
    11. Contracts Discharged for Breach or Repudiation 
    12. Contracts Discharged Without Breach 
    13. Contracts Rescinded or Set Aside 
    14. Valuation and Adjustment 

    PART VI — CLAIMS BASED ON WRONG COMMITTED
    15. Introduction to Wrongs 
    16. Tort 
    17. Breach of Fiduciary Duty, Breach of Confi dence and
    Infringement of Intellectual Property Rights 
    18. Breach of Contract 
    19. Wrongful Killing: The Forfeiture Rule 

    PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
    20. Restitution against the Revenue 
    21. Restitution of Ultra Vires Disbursements from the Revenue 

    PART VIII — DEFENCES
    22. Introduction to Defences 
    23. Election 
    24. Change of Position 
    25. Consideration and Bona Fide Purchase 
    26. Illegality 
    27. Delay 

    PART IX —INTEREST AND PLEADING RESTITUTIONARY
    CLAIMS AND DEFENCES

    28. Interest 
    29. Pleading Restitutionary Claims and Defences

  • K Mason is a Professorial Visiting Fellow at the University of New South Wales. He was formerly President of the New South Wales Court of Appeal. 

    J W Carter is Professor Emeritus at the University of Sydney, General Editor of theJournal of Contract Law and a Consultant to Herbert Smith Freehills. He is also a Fellow of the Australian Academy of Law. 

    G J Tolhurst is Professor of Commercial Law at the Faculty of Law, University of Sydney. He is also a consultant to Herbert Smith Freehills.

  • Comments from reviewers :
    'An excellent, accessible account of the modern law of restitution in Australia which will prove to be of enormous benefit to practitioners in Australia and which can be read with profit by all lawyers with an interest in this fascinating subject' [(1996) 112 Law Quarterly Review 691].

    'A detailed masterly exposition, with meticulous cross-referencing' ([1996] Restitution Law Review 147).

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