Unjust Enrichment 3rd ed

Australia Title

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

Related Titles

• Covell, Lupton & Parsons, Covell & Lupton Principles of Remedies, 8th edition
• Evans, Power & Power, Equity and Trusts, 5th edition
• Parsons, Quick Reference Card: Remedies, 2nd edition
• Radan & Stewart, Principles of Australian Equity and Trusts, 6th edition

table of content

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