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.
Table of Contents
Chapter 1 The History and Basis of the Law of Restitution; Chapter 2 Identification and Measurement of Enrichment; Chapter 3 At the Plaintiff’s Expense; Chapter 4 The Unjust Factor; Chapter 5 Money Paid under a Mistake; Chapter 6 Non-Monetary Benefits Provided under a Mistake; Chapter 7 Necessitous Intervention; Chapter 8 Compulsory Discharge of another’s Legal Obligations; Chapter 9 Duress; Chapter 10 Introduction to Ineffective Contracts; Chapter 11 Contracts Discharged for Breach or Repudiation; Chapter 12 Contracts Discharged for Frustration; Chapter 13 Unenforceable, Void and Illegal Contracts; Chapter 14 Contracts which Fail to Materialise; Chapter 15 Restitution Against Public Authorities; Chapter 16 Restitution by the Revenue; Chapter 17 Restitutionary Remedies for Wrongs; Chapter 18 Defences; Chapter 19 Remedies;
Sharon Erbacher Deakin University