Tort / Personal Injury

Restitution: The Laws of Australia

Edited by Jason Taliadoros · Sharon Erbacher
Lawbook Co. November 2014

Specifications

ISBN-13
9780455235424
Publisher
Lawbook Co.
Publication
November 2014
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

The modern law of restitution is a common law doctrine derived from the law of quasi-contract, which aims to prevent or reverse unjust enrichment.

Restitution - The Laws of Australia offers a principles-based, practical guide to this complex and dynamic area of the law. As such, it is essential reading for practitioners and students alike.

The text provides easy to read and insightful commentary in topics including:

  • the history and basis of the law of restitution;  
  • the elements of unjust enrichment; 
  • mistake;
  • compulsion;
  • claims involving public authorities;
  • ineffective contracts;
  • restitution for wrongs (also known as “dependent claims in restitution”);
  • defences; and
  • remedies.

This material is also published as Title 29 “Restitution” of The Laws of Australia legal encyclopaedia. As such it retains that work’s easy-to-read style: each main paragraph opens with a bold proposition that encapsulates the relevant legal principle, while the text that follows sets out and analyses complexities, nuances and developments in the law. Extensive referencing makes The Laws of Australia the ideal starting point for research across any Australian jurisdiction.

Table of Contents

  1. Introduction
  2. History and Basis of Law of Restitution  
  3. Elements of Unjust Enrichment 
  4. Mistake
  5. Compulsion
  6. Claims Involving Public Authorities
  7. Ineffective Contracts
  8. Restitution for Wrongs
  9. Defences
  10. Remedies
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