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Vol 22 No 10 Oct/Nov 2017

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This book is now Out of Print.
A new edition is due, details can be seen here:
Unjust Enrichment 2nd ed isbn 9780409344981

Unjust Enrichment

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ISBN13: 9780409323078
New Edition ISBN: 9780409344981
Published: January 2008
Publisher: LexisNexis Australia
Country of Publication: UK
Format: Paperback
Price: Out of print



The objective of this book is to enable both practitioners and students to gain a full understanding of the law of restitution and its place in the wider law of civil obligations. To this end, the book contains extracts from important cases as well as extracts from the writings of leading scholars. Explanatory text, notes and questions accompany the extracts which provide a stimulating and insightful guide that will leave readers with a thorough doctrinal and practical understanding of the law of restitution.

This work is exceptional in two ways. The first, unlike many similar books, this work offers the reader a coherent theoretical structure within which to study and understand the materials. The second is the extensive commentary that accompanies the materials. The analysis included in this work is deep and thorough and includes a range of questions that will challenge the reader. The book is both a textbook and a collection of primary materials.

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Subjects:
Other Jurisdictions , Australia
Contents:
Unjust Enrichment
Models and Theories of Liability
Obligations and Unjust Enrichment
Locating Unjust Enrichment in the Private Law
Elements of an Unjust Enrichment Claim
Defects in Legal Capacity
Defects in Personal Capacity;
Mistake (and ignorance)
Failure of Basis
Coercion
Wrongdoing;
Necessity
Public Authorities
Defences Denying Restitution
Defences Denying Enrichment
Defences Denying Enrichment at the Plaintiff?s Expense
Defences from Public Policy
The Nature and Basis of Tracing
Restitution - General Considerations and Personal Restitution
Proprietary Restitution.