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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.