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Unjust Enrichment in Australia

Unjust Enrichment in Australia

Author: James Edelman; Elsie Bant
Publisher: Oxford University Press
ISBN: 9780195517194
Published In: June 2006
Format: Paperback , 422 pages
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Unjust Enrichment in Australia is a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It is accessible for students and practitioners, even those who are unfamiliar with this major category of private law that sits alongside contract and torts. In addition to its thorough examination of the case and statute law, it provides clear explanations of the difficult theoretical issues in this rapidly developing area of law.

The book begins with a clear and simply introduction to the law of unjust enrichment, written especially for the newcomer. The main content is then divided into two parts. The first explains the nature of the remedy of restitution and its operation. The second part considers and explains when an action for unjust enrichment will arise, entitling the plaintiff to restitution.

Each element of a claim for unjust enrichment is considered in part II, namely the meaning of, and how to satisfy, requirements of “enrichment”, “at the expense of the plaintiff” as well as when the enrichment will be “unjust” (with chapters for this latter issue on mistake, duress, undue influence, failure of consideration and unjust factors involving no intention to benefit and unjust factors based upon reasons of policy. Finally, defences to a claim for unjust enrichment are considered.

Provides comprehensive coverage of all the aspects of the law of unjust enrichment
Easily accessible for students and practitioners who are not familiar with the area
Draws on an impressive array of primary and secondary material

Contents:: Introduction and Overview of Unjust Enrichment; Part I: Operation of the Remedy of Restitution; Chapter 1: The Remedy of Restitution; Chapter 2: Restitution distinguished from other remedies; Chapter 3: Proprietary restitutionary remedies; Part II: Restitution for unjust enrichment; Chapter 4: The history and nature of unjust enrichment; Chapter 5: The enrichment inquiry; Chapter 6: At the expense of the plaintiff; Chapter 7: The unjust inquiry; Chapter 8: Unjust 1: Mistake; Chapter 9: Unjust 2: Duress or illegitimate Pressure; Chapter 10: Unjust 3: Undue influence; Chapter 11: Unjust 4: Failure of consideration; Chapter 12: Unjust 5: Unjust factors involving no intention to benefit; Chapter 13: Unjust 6: Policy-motivated unjust factors; Chapter 14: Defences I: Change of position; Chapter 15: Defences II: Other defences