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Unjust Enrichment, 3rd Edition

Unjust Enrichment, 3rd Edition

Author: Kit Barker; Ross Grantham
Publisher: LexisNexis Australia
ISBN: 9780409358490
Published In: October 2024
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,053.00

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Description
Contents
Author

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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 subject and its place in the wider private law.

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 structure through which the developing law can be studied and understood. The extensive commentary and analysis accompanying the materials both explain and challenge readers in their exploration of the area.

The third edition has been thoroughly updated to take account of important recent, decisions of the High Court of Australia and United Kingdom Supreme Court and provides additional critical commentary and references to the academic literature in the most important jurisdictions.

Features

Integrates theoretical perspectives and detailed legal principles
Provides up-to-date coverage of an evolving area of law
Authoritative commentary by internationally renowned authors

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

Ross Grantham is Professor of Commercial Law and a former Dean of Law at the TC Beirne School of Law, The University of Queensland. He is the author of many monographs, casebooks and scholarly journal articles, and has co-edited four collections of essays. He is a member of the editorial boards of three scholarly law journals.

Kit Barker is Professor of Private Law at the TC Beirne School of Law, The University of Queensland. He has written widely on the law and theory of unjust enrichment. He is co-editor of five essay collections on private law and the current regional editor for Australia of the Restitution Law Review.