Australian Restitution Law

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

Restitution Law

Author: Sharon Erbacher
Publisher: Routledge Cavendish
ISBN: 9781876905095
Format: PDF, Kindle
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Australian Restitution Law contains comprehensive extracts of the most significant cases from Australia and England, preceded by detailed factual analysis. The commentary thoroughly clarifies and develops the topics, and explains the various academic views in areas where these are likely to be influential. This second edition incorporates a number of important new cases, including the House of Lords' decisions in Kleinwort Benson Ltd v Lincoln CC (1999) on recovery of payments made under a mistake of law; Attorney-General v Blake (2001) on the availability of an account of profits for a breach of contract; and the High Court of Australia decision in Roxborough v Rothmans of Pall Mall Australia Ltd (2001) on various aspects of restitution law, including recovery of money on the basis of a total failure of consideration and the defence of passing on. It also contains new sections dealing with practical questions such as pleading a claim in restitution, the bases of a claim for interest and limitation of actions. This book is an essential resource for commercial and banking lawyers, or 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, ePub
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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.

Remedies in Australian Private Law

Author: Katy Barnett
Publisher: Cambridge University Press
ISBN: 1108265855
Format: PDF, Docs
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The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.

Understanding the Law of Obligations

Author: Andrew Burrows
Publisher: Bloomsbury Publishing
ISBN: 1847316751
Format: PDF, ePub, Mobi
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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

Restitution

Author: Gareth H. Jones
Publisher: Hart Publishing
ISBN: 1901362426
Format: PDF, ePub
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Understanding Unjust Enrichment

Author: Jason W. Neyers
Publisher: Hart Publishing
ISBN: 1841134236
Format: PDF, ePub
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This book is a collection of articles based on Understanding Unjust Enrichment, a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context.