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Mason & Carter's Restitution Law in Australia - Second Edition (Softcover)
Mason, K; Carter, J W; Tolhurst, G J
This book is also available in eBook format.
$215.00
Publisher: LexisNexis
Format: Practitioner, Softcover , Book
ISBN: 9780409320794
November, 2008
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- Description
- Table of Contents
- Author/Contributor
- Description
- Table of Contents
- Author/Contributor
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. However, the landscape of the modern Australian law of restitution 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. Several chapters have been extensively rewritten and the third 'Want of Title: Misdirected Funds and Tracing' is new to this edition. 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.
Comments from reviewers of the first edition:
'An excellent, accessible account of the modern law of restitution in Australia which will prove to be of enormous benefit to practitioners in Australia and which can be read with profit by all lawyers with an interest in this fascinating subject' [(1996) 112 Law Quarterly Review 691].
'A detailed masterly exposition, with meticulous cross-referencing' ([1996] Restitution Law Review 147).
Important Feature:
Authoritative, scholarly and comprehensive - written by pre-eminent authors
Contents:
Restitution, Quasi-contract and Unjust Enrichment · Classifying Claims and Remedies in Restitution · Want of Title: Misdirected Funds and Tracing · Mistake · Improper Pressure · Bearing Others' Burdens: Contribution, Recoupment and Subrogation · Judgments Reversed or Set Aside · Necessitous Intervention: Restitution for Unsolicited Services or Payments · Introduction to Ineffective Contracts · Inherently Ineffective Contracts · Contracts Discharged for Breach or Repudiation · Contracts Discharged Without Breach · Contracts Rescinded or Set Aside · Valuation and Adjustment · Introduction to Wrongs · Tort · Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights · Breach of Contract · Wrongful Killing: The Forfeiture Rule · Restitution against the Revenue · Restitution of Ultra Vires Disbursements from the Revenue · Introduction to Defences · Election · Change of Position · Consideration and Bona Fide Purchase · Illegality · Delay · Interest · Pleading Restitutionary Claims and Defences
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