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Australian Restitution Law
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Book Synopsis Australian Restitution Law by : Sharon Erbacher
Download or read book Australian Restitution Law written by Sharon Erbacher and published by Routledge. This book was released on 2012-09-10 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mason and Carter's Restitution Law in Australia by : Keith Mason
Download or read book Mason and Carter's Restitution Law in Australia written by Keith Mason and published by . This book was released on 2016-05-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The landscape of the modern Australian law of restitution, however, 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. In this third edition, the content has been revised and updated. Chapter 3 (Want of Title) has been substantially updated and Chapter 24 (Change of Position) has been completely rewritten. 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.
Book Synopsis Restitution Law in Australia by : Keith Mason
Download or read book Restitution Law in Australia written by Keith Mason and published by . This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mason and Carter's Restitution Law in Australia by : Keith Mason
Download or read book Mason and Carter's Restitution Law in Australia written by Keith Mason and published by . This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Restitution Law in Australia by : Keith Mason
Download or read book Restitution Law in Australia written by Keith Mason and published by . This book was released on 1995 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution law in Australia.
Download or read book Restitution written by Jason Taliadoros and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Mason and Carter's Restitution Law in Australia by : Keith Mason
Download or read book Mason and Carter's Restitution Law in Australia written by Keith Mason and published by . This book was released on 2016 with total page 1284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential reading for legal practitioners, members of the judiciary, and students of commercial law, equity and remedies.
Book Synopsis Restitution in Australian Law by : Keith Mason
Download or read book Restitution in Australian Law written by Keith Mason and published by . This book was released on with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Restitution by : Andrew S. Burrows
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Book Synopsis Restitution Law by : Sharon Erbacher
Download or read book Restitution Law written by Sharon Erbacher and published by Routledge. This book was released on 1998 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of restitution is recognized as an independent head of obligations in Australian law. Since the mid-1980s, in particular, there have 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.
Book Synopsis The Varieties of Restitution by : Ian Jackman
Download or read book The Varieties of Restitution written by Ian Jackman and published by . This book was released on 2017-03-17 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Book Synopsis An Introduction to Restitution Law in Australia by : James Bremen
Download or read book An Introduction to Restitution Law in Australia written by James Bremen and published by . This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law and Ethics of Restitution by : Ḥanokh Dagan
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
Book Synopsis Law Society of Western Australia Presents a Seminar Entitled Recent Developments in Restitution Law by : Law Society of Western Australia
Download or read book Law Society of Western Australia Presents a Seminar Entitled Recent Developments in Restitution Law written by Law Society of Western Australia and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust Enrichment written by Kit Barker and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unjust Enrichment by : James Edelman
Download or read book Unjust Enrichment written by James Edelman and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
