Australian Restitution Law

Author: Sharon Erbacher
Publisher: Routledge
ISBN: 113531571X
Format: PDF, ePub, Docs
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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.

Principles of the Law of Restitution

Author: Graham Virgo
Publisher: Oxford University Press, USA
ISBN: 0198726384
Format: PDF, Kindle
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The third edition of The Principles of the Law of Restitution has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. It focuses on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication ofproperty rights.

Mason and Carter s Restitution Law in Australia

Author: Keith Mason
Publisher:
ISBN: 9780409341621
Format: PDF, ePub
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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 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. In this third edition, the content has been revised and updated. Chapter 3 (Want of Title) has been substantially updated and Chapter 24 (Change of Position) has been completely rewritten. 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.

The Varieties of Restitution

Author: Ian McNeil Jackman
Publisher: Federation Press
ISBN: 9781862872936
Format: PDF
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The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.

Australian Principles of Property Law

Author: Samantha Hepburn
Publisher: Cavendish Publishing
ISBN: 1843142236
Format: PDF, ePub, Docs
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Australian Principles of Property Law, now in its third edition, covers all aspects of Australian real property law. Each chapter has been expanded and updated to incorporate the latest developments and theories. Incorporating academic discussion of historical and theoretical issues underlying the property system, as well as practical discussion of relevant legislative schemes, this texbook is the ideal accompaniment to any undergraduate property law course. Focusing on Victorian law, the text also outlines developments in other states and provides technical explanations where necessary. It is supported throughout by extracts from a wide range of cases and materials.

Principles of Australian Contract Law

Author: Peter Radan
Publisher: Butterworth-Heinemann
ISBN: 9780409325942
Format: PDF, Kindle
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PRINCIPLES OF AUSTRALIAN CONTRACT LAW: CASES AND MATERIALS and its companion textbook set out the general principles of contract law with up to date new cases and materials including: United Group Rail Services Limited v Rail Corporation New South Wales (certainty of agreements to negotiate in good faith); Proform Sports Management Ltd v Proactive Sports Management Ltd (capacity); Attorney General of Belize v Belize Telecom Ltd (terms implied in fact); University of Western Australia v Gray (terms implied by law); Chartbrook Ltd v Persimmon Homes Ltd (construction of terms); Ford v Perpetual Trustees Victoria Limited (doctrine of non est factum and unjust contracts under the Contracts Review Act 1980 (NSW)); Koompahtoo Local Aboriginal Land Council v Sanpine Pty Limited (breach of contract); Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (damages); Transfield Shipping Inc v Mercator Shipping Inc (damages); Ryledar Pty Ltd v Euphoric Pty Ltd (rectification); Lumbers v W Cook Builders Pty Ltd (in liquidation) (restitution).

Understanding the Law of Obligations

Author: Andrew Burrows
Publisher: Bloomsbury Publishing
ISBN: 1847316751
Format: PDF
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NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review

Australian Constitutional Values

Author: Rosalind Dixon
Publisher: Bloomsbury Publishing
ISBN: 1509918418
Format: PDF, Kindle
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Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'. In Australia, this kind of values-oriented approach has been advocated by leading constitutional scholars, and also finds support in the judgments of the High Court at various times, particularly during the Mason Court era. Much of the scholarly debate on constitutional values to date, however, focuses on whether the Court should in fact look to constitutional values in this way, not the kinds of values the Court should consider, given such an approach. This book responds to this gap in the existing scholarly literature, by inviting a range of leading Australian constitutional lawyers and scholars to address the relevance and scope of various substantive constitutional values, and how they might affect the Court's approach to constitutional interpretation in various contexts. It is essential reading for anyone seeking a deeper understanding of Australia's constitutional system.