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Restitution Law in Australia 3rd Edition

Restitution Law in Australia 3rd Edition

Author: K Mason; J W Carter; G J Tolhurst
Publisher: LexisNexis Australia
ISBN: 9780409341621
Published In: May 2016
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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 and/or additional 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.

In this third edition, the content has been revised and updated. Chapter 3 (Want of Title) has been substantially updated and Chapter 24 (Change of Position) has been completely rewritten.

This book is essential reading for members of the judiciary, barristers and solicitors Australia wide, as well as students of commercial law, equity and remedies.

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