Unjust enrichment /
Kit Barker, Ross Grantham.
- 2nd edition.
- xxxix, 681 pages ; 25 cm
Includes bibliographical references and index.
Unjust enrichment: history, concepts and alternative liability models -- Locating unjust enrichment in private law -- The elements of an unjust enrichment claim -- Defects in legal capacity -- Mistake -- 'Ignorance' or 'absence of consent' -- Failure of basis -- Coercion -- Defects in personal capacity -- Wrongdoing -- Restitution from public authorities -- The change of position defence -- Other defences -- The nature and basis of tracing -- Proprietary restitution. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
Unjust Enrichment, 2nd edition is the emergence of the law of restitution that has had a rapid and significant effect on developments in large portions of the private common law. Unjust Enrichment enables both practitioners and students to gain a full doctrinal and practical understanding of the law of restitution and its place in the wider law of civil obligations. The legal, policy and doctrinal arguments that underpin the law are spread across a disparate and often conflicting body of cases and academic commentary. This unique book combines carefully selected and edited extracts from leading cases and the writings of leading academics to provide a coherent theoretical structure through which the developing law this developing area of law can be studied and understood. The extensive commentary and analysis accompanying the materials both explains and challenges readers in their exploration of the area. The second edition responds to the considerable judicial activity in the area in the last few years, notably the growing acceptance of both restitutionary claims and the idea of unjust enrichment as a unifying legal concept in Australia. It highlights the significant changes in the way that the High Court, in particular, has sought to re-conceptualise the subject over last decade. -- Publisher's site.