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Unjust Enrichment 2nd Edition

Unjust Enrichment 2nd Edition

Unjust Enrichment 2nd Edition

Author: K Barker; R Grantham
Publisher: LexisNexis Australia
ISBN: 9780409344981
Published In: October 2017
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The emergence of the law of restitution has had a rapid and significant effect on developments in large portions of the private common law.

Unjust Enrichment enables both practitioners and students to gain a full doctrinal and practical understanding of the law of restitution and its place in the wider law of civil obligations. The legal, policy and doctrinal arguments that underpin the law are spread across a disparate and often conflicting body of cases and academic commentary.

This unique book combines carefully selected and edited extracts from leading cases and the writings of leading academics to provide a coherent theoretical structure through which the developing law this developing area of law can be studied and understood. The extensive commentary and analysis accompanying the materials both explains and challenges readers in their exploration of the area.

The second edition responds to the considerable judicial activity in the area in the last few years, notably the growing acceptance of both restitutionary claims and the idea of unjust enrichment as a unifying legal concept in Australia. It highlights the significant changes in the way that the High Court, in particular, has sought to re-conceptualise the subject over last decade.

1.

Unjust enrichment: history, concepts and alternative models of liability

2.

Locating unjust enrichment in the private law

3.

The elements of an unjust enrichment claim

4.

Defects in legal capacity

5.

Mistake

6.

Ignorance

7.

Failure of basis

8.

Coercion

9.

Defects in personal capacity

10.

Wrongdoing

11.

Restitution from public authorities

12.

The change of position defence

13.

Other defences

14.

The nature and basis of tracing

15.

Proprietary restitution

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