Home >
Law >
Criminal Law >
The Defence of Passing On

The Defence of Passing On

Author: Michael Rush
Publisher: Hart Publishing
ISBN: 9781841136028
Published In: July 2006
Format: Hardback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Author
Reviews

Details

The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America.

This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. Put another way, whether awards of restitution are, or should be, restricted by the value of a claimant's loss. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment.

Numerous scholarly textbooks and law journals have devoted space to these issues. This work, however, has tended to focus narrowly on either particular cases or sets of issues. This book seeks to address this deficiency by collating, and providing total coverage of, the controversies and questions pertaining to a loss-based defence in the law of unjust enrichment. This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law.

Michael Rush, B.Ec(Hons), LL.B(Hons) (Monash), BCL, M.Phil, D.Phil (Oxon), is a barrister and solicitor of the Supreme Court of Victoria and part time lecturer at the University of Melbourne.

This whole book is, if one may say so, a splendid example of how to produce a brief, crisp and intelligible argument for a point of legal principle...a splendid addition to the restitution lawyer's bookshelf: if it is not on it, then it should be.
Andrew Tettenborn
L.Q.R. 2007
123(OCT), 674-676)

Rush gives a fair and accurate account of all the relevant case law and legislation, and makes some excellent points along the way,...The courts are not alone in finding three-party problems difficult: the rest of us find them difficult too. Understanding them takes time, patience and a clear head. Michael Rush evidently has these qualities and we should be grateful to him for the care with which he has unpicked a notoriously tricky and knotted-up set of problems. I learnt much from reading and thinking about his book and would certainly recommend it to anyone with an interest in the topic.
Charles Mitchell
King's Law Journal
Vol 19:2, 2008

This book provides a thorough and well-reasoned exposition of the defence of disimprovishment and, as such, is a welcome companion to the works on unjust enrichment which have preceded it.
Anthony Lo Surdo
Australian Banking and Finance Law Bulletin
Vol 22, No 10, April 2007

...the detailed case analysis and consideration of one of the key elements necessary to make out a claim in unjust enrichment will ensure that this book is useful...Dr Rush should be commended.
Mark Costello
Sydney Law Review
Volume 29, Number 2, June 2007

Dr Rush is to be congratulated on what is an easily accessible work on a very challenging subject.
Jessica Palmer
New Zealand Law Journal
April 2009