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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Restitution Law in Australia 3rd ed isbn 9780409341621

Restitution Law in Australia 2nd ed

ISBN13: 9780409320787
New Edition ISBN: 9780409341621
Published: November 2008
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print

Fifty years ago restitution was a wilderness, an apparent 'miscellany of disparate categories' through which litigant, judge and student trudged holding a compass marked 'implied contract' at its four points. However, the landscape of the modern Australian law of restitution is complex. The topic of restitution addressed by the authors includes doctrines responding to different and/or additional policies as well as gain-based remedies appurtenant to wrongs with their juridical source outside unjust enrichment, which is only one of the bases for restitution. Several chapters have been extensively rewritten and the third 'Want of Title: Misdirected Funds and Tracing' is new to this edition. This book is essential reading for members of the judiciary, barristers and solicitors Australia wide as well as students of commercial law, equity and remedies.

Other Jurisdictions , Australia
Restitution, Quasi-contract and Unjust Enrichment
Classifying Claims and Remedies in Restitution
Want of Title: Misdirected Funds and Tracing
Improper Pressure
Bearing Others' Burdens: Contribution, Recoupment and Subrogation
Judgments Reversed or Set Aside
Necessitous Intervention: Restitution for Unsolicited Services or Payments
Introduction to Ineffective Contracts
Inherently Ineffective Contracts
Contracts Discharged for Breach or Repudiation
Contracts Discharged Without Breach
Contracts Rescinded or Set Aside
Valuation and Adjustment
Introduction to Wrongs
Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights
Breach of Contract
Wrongful Killing: The Forfeiture Rule
Restitution against the Revenue
Restitution of Ultra Vires Disbursements from the Revenue
Introduction to Defences
Change of Position
Consideration and Bona Fide Purchase
Pleading Restitutionary Claims and Defences