This book will be an invaluable addition to the library of the busy practitioner and equally at home with students, providing much-needed nurturing guidance to developing minds.

- Anthony Lo Surdo, Australian Banking and Finance Bulletin

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
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This book covers the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. The book uses the leading cases to distil and explain the fundamental principles of this branch of private law.
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Part I: The Action For Unjust Enrichment
1. Introduction
2. The Nature of an Action Based on Unjust Enrichment
3. The Remedy of Restitution
Part II: Elements of Unjust Enrichment
4. The Enrichment Enquiry
5. At the Expense of the Plaintiff
6. The Unjust Enquiry
7. Negating Juristic Reasons
Part III: The Unjust Factors
8. Mistake
9. Duress or Illegitimate Pressure
10. Undue Influence
11. Failure of Consideration
12. No Intention to Benefit the Defendant
13. Policy-Based Reasons for Restitution
Part IV: Defences
14. Change of Position
15. Other Defences

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This textbook examines the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada.

Produktdetaljer

ISBN
9781841133188
Publisert
2016-08-25
Utgiver
Bloomsbury Publishing PLC
Vekt
800 gr
Høyde
244 mm
Bredde
168 mm
Dybde
26 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
480

Biografisk notat

James Edelman, a Justice of the Federal Court of Australia and Adjunct Professor at the University of Queensland, has previously been a Justice of the Supreme Court of Western Australia and Professor of the Law of Obligations at the University of Oxford.
Elise Bant is Professor of Law at the University of Melbourne.