Subjects:

Other Jurisdictions

Contents:

The History and Basis of the Law of Restitution

Identification and Measurement of Enrichment

At the Plaintiff's Expense

The Unjust Factor

Money Paid Under a Mistake

Non-Monetary Benefits Provided Under a Mistake

Necessitous Intervention

Compulsory Discharge of Another's Legal Obligations

Duress

Introduction to Ineffective Contracts

Contracts Discharged for Breach or Repudiation

Contracts Discharged for Frustration

Unenforceable,Void and Illegal Contracts

Contracts which Fail to Materialise

Restitution Against Public Authorities

Restitution by the Revenue

Restitutionary Remedies for Wrongs

Defences

Remedies.

This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context.

In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.