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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Law of Restitution in Australia and New Zealand

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ISBN13: 9781876213237
ISBN: 187621323X
Published: May 1997
Publisher: Routledge-Cavendish
Country of Publication: Australia
Format: Paperback
Price: Out of print

Out Of Print
This book contains a comprehensive discussion of relevant Australian,New Zealand and English developments at common law and in equity with particular emphasis on Australian and New Zealand precedent and statute law.

The topics that are considered include restitution of benefits conferred by mistake, in necessitous circumstances or under compulsion; recoupment for discharging another's debts or liabilities and the doctrines of subrogation and contribution, and restitution of benefits derived from ineffective transactions or relationships or from contractual transactions that have been affected by mistake, frustration, illegality, wrongful repudiation and misrepresentation.

It also includes a discussion of restitution of illicit gains derived from transactions affected by duress, undue influence, other unconscionable behaviour and those involving a breach of fiduciary obligation, tortious or criminal wrongdoing.

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1. Restitution - An Introduction; 2. Unsolicited Benefits; 3. Discharge of the Debts or Liabilities of Another; 4. Benefits Derived from Ineffective Transactions; 5. Mistake in Contract; 6. Frustration of Contract; 7. Illegal Contracts; 8. Breach of Contract; 9. Misrepresentation; 10. Duress,Undue Influence and Unconscionable Bargains; 11. Benefits Derived from Breach of Fiduciary Duty; 12. Tort; 13. Crime; 14. Defences to Claims in Restitution