Restitution Law in Australia 3rd Edition

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Restitution Law in Australia 3rd Edition

Edited by K Mason · J W Carter · G J Tolhurst
LexisNexis Australia May 2016

Specifications

ISBN-13
9780409341621
Publisher
LexisNexis Australia
Publication
May 2016
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only
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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.

Table of Contents

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 Contracts Rescinded or Set Aside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
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