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Vol 23 No 3 March/April 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Unjust Enrichment 2nd ed isbn 9781841133188

Unjust Enrichment in Australia

ISBN13: 9780195517194
ISBN: 0195517199
New Edition ISBN: 9781841133188
Published: June 2006
Publisher: Oxford University Press
Country of Publication: Australia
Format: Paperback
Price: Out of print

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

Restitution, Other Jurisdictions , Australia
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