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Unjust Enrichment In Australia
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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.
Book Synopsis Unjust Enrichment in Australia by : James Edelman
Download or read book Unjust Enrichment in Australia written by James Edelman and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust Enrichment in Australia contains a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It is presented in a way which is designed to be easily accessible for students and practitioners who are not familiar with the area and it engages in discussion of many of the immensely difficult issues of theory that lie beneath the surface in this area of rapidly developing law.
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 Restitution in Private International Law by : George Panagopoulos
Download or read book Restitution in Private International Law written by George Panagopoulos and published by Hart Publishing. This book was released on 2000-11-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.
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 Unjust Enrichment in Commercial Law by : Simone Degeling
Download or read book Unjust Enrichment in Commercial Law written by Simone Degeling and published by . This book was released on 2008-01-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.
Book Synopsis Understanding Unjust Enrichment by : Jason W. Neyers
Download or read book Understanding Unjust Enrichment written by Jason W. Neyers and published by Hart Publishing. This book was released on 2004-04 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
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.
Download or read book Restitution written by Sharon Erbacher and published by . This book was released on 2014 with total page 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 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 The Change of Position Defence by : Elise Bant
Download or read book The Change of Position Defence written by Elise Bant and published by Hart Publishing. This book was released on 2009-05-27 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
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 The Law of Unjust Enrichment by : Robert Goff Baron Goff of Chieveley
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
Book Synopsis Research Handbook on Unjust Enrichment and Restitution by : Elise Bant
Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Book Synopsis Contract by : Jeannie Marie Paterson
Download or read book Contract written by Jeannie Marie Paterson and published by Lawbook Company. This book was released on 2009 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTRACT: CASES AND MATERIALS 11th Edition provides students with essential resources for studying contract law in Australia. Contemporary cases which continue to shape contract law have been included in this new edition, while historically important cases have been retained to ensure students have a full picture of the law of contract as it stands today. Appendix: The Trade Practices Act 1974 (Cth).
Book Synopsis Meagher, Gummow and Lehane's Equity by : John Dyson Heydon
Download or read book Meagher, Gummow and Lehane's Equity written by John Dyson Heydon and published by . This book was released on 2015 with total page 1283 pages. Available in PDF, EPUB and Kindle. Book excerpt: MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has become the authoritative work on equity in Australia and a leading text in the common law world, presenting a scholarly analysis of the principles of equity by reference to the leading cases and statutory provisions.This new edition includes analysis of developments in Australia and the common law world over the past 12 years. It deals with all fundamental equitable doctrines and remedies, save for trusts, and covers the development of equity and its history in the United Kingdom and Australia, including the effects of the Judicature system. MEAGHER, GUMMOW AND LEHANE'S EQUITY: DOCTRINES AND REMEDIES has been described as ¿a most substantial and distinguished contribution to the literature of Equity¿ (Law Quarterly Review), and as exhibiting "a high standard in the articulation and explanation of equitable doctrines, and in the discussion of equitable remedies" (Australian Law Journal). Few if any Australian law books have carved so significant a niche in legal publishing. This work is an essential text for law practitioners and students. This text is part of the LexisNexis Black and Silver Series. Features: highly respected and regarded author team; regarded as authoritative amongst practitioners and the judiciary and has an established reputation as the definitive work on this topic; Comprehensive and thorough examination of equity.
