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The Principles of the Law of Restitution

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Mason & Carter's Restitution Law in Australia 4th ed


ISBN13: 9780409352252
Previous Edition ISBN: 9780409341621
Published: July 2021
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print
Hardback edition out of print, ISBN13 9780409352245



Restitution is one of the law’s few remaining commons, largely untouched by statute. 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. The landscape of the modern Australian law of restitution, however, is complex. The topic of restitution addressed by the authors includes doctrines responding to different 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.

The fourth edition has been fully revised and updated and some chapters rewritten. There is extensive reference to Mann v Paterson Constructions Pty Ltd (2019), a High Court decision welcomed as to its outcome and its reversal of decisions criticised in earlier editions. The unorthodox and confusing reasoning of the justices, and the dangers posed to the coherent structure of restitution law, are also discussed.

This authoritative analysis of the law of restitution is essential reading for members of the judiciary, barristers and solicitors, as well as students of commercial law, equity and remedies.

Subjects:
Restitution, Other Jurisdictions , Australia
Contents:
PART I — INTRODUCTION
Ch 1. Restitution, Quasi-contract and Unjust Enrichment
Ch 2. Classifying Claims and Remedies in Restitution
PART II — CLAIMS BASED ON WANT OF TITLE
Ch 3. Want of Title: Misdirected Funds and Tracing
PART III — MISTAKE
Ch 4. Mistake
PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
Ch 5. Improper Pressure
Ch 6. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation
Ch 7. Judgments Reversed or Set Aside
Ch 8. Necessitous Intervention: Restitution for Unsolicited Services or Payments
PART V — CLAIMS ARISING OUT OF INEFFECTIVE CONTRACTS
Ch 9. Introduction to Ineffective Contracts
Ch 10. Inherently Ineffective Contracts
Ch 11. Contracts Discharged for Breach or Repudiation
Ch 12. Contracts Discharged Without Breach
Ch 13. Contracts Rescinded or Set Aside
Ch 14. Valuation and Adjustment
PART VI — CLAIMS BASED ON WRONG COMMITTED
Ch 15. Introduction to Wrongs
Ch 16. Tort
Ch 17. Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights
Ch 18. Breach of Contract
Ch 19. Wrongful Killing: The Forfeiture Rule
PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
Ch 20. Restitution against the Revenue
Ch 21. Restitution of Ultra Vires Disbursements from the Revenue
PART VIII — DEFENCES
Ch 22. Introduction to Defences
Ch 23. Election
Ch 24. Change of Position
Ch 25. Consideration and Bona Fide Purchase
Ch 26. Illegality
Ch 27. Delay
PART IX — INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
Ch 28. Interest
Ch 29. Pleading Restitutionary Claims and Defences