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Restitution - The Laws of Australia
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Restitution - The Laws of Australia

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Overview
Published 31 Oct 2014 (Thomson Reuters)
ISBN: 9780455235424.
Description

By Sharon Erbacher, Jason Taliadoros

The modern law of restitution is a common law doctrine derived from the law of quasi-contract, which aims to prevent or reverse unjust enrichment.

Restitution - The Laws of Australia offers a principles-based, practical guide to this complex and dynamic area of the law. As such, it is essential reading for practitioners and students alike.

The text provides easy to read and insightful commentary in topics including:

  • the history and basis of the law of restitution;  
  • the elements of unjust enrichment; 
  • mistake;
  • compulsion;
  • claims involving public authorities;
  • ineffective contracts;
  • restitution for wrongs (also known as “dependent claims in restitution”);
  • defences; and
  • remedies.

This material is also published as Title 29 “Restitution” of The Laws of Australia legal encyclopaedia. As such it retains that work’s easy-to-read style: each main paragraph opens with a bold proposition that encapsulates the relevant legal principle, while the text that follows sets out and analyses complexities, nuances and developments in the law. Extensive referencing makes The Laws of Australia the ideal starting point for research across any Australian jurisdiction.

TABLE OF CONTENTS

Introduction

History and Basis of Law of Restitution  

Elements of Unjust Enrichment 

Mistake

Compulsion

Claims Involving Public Authorities

Ineffective Contracts

Restitution for Wrongs

Defences

Remedies

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