Mason & Carter’s Restitution Law in Australia, 4th edition (Hardback)
Essential reading for legal practitioners, members of the judiciary, and students of commercial law, equity and remedies
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing email@example.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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 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.
The fourth edition has been fully revised and updated and some chapters rewritten. There is extensive reference to Mann v Paterson Constructions Pty Ltd (2019), a High Court decision welcomed as to its outcome and its reversal of decisions criticised in earlier editions. The unorthodox and confusing reasoning of the justices, and the dangers posed to the coherent structure of restitution law, are also discussed.
This authoritative analysis of the law of restitution is essential reading for members of the judiciary, barristers and solicitors, as well as students of commercial law, equity and remedies.
• Authoritative analysis by pre-eminent authors
• Carter, Contract Law in Australia, 7th ed, 2018
• Carter, Carter’s Breach of Contract, 2nd ed, 2018
• Carter, Carter on Contract, looseleaf and online
Table of contents
- PART I — INTRODUCTION
- Ch 1. Restitution, Quasi-contract and Unjust Enrichment
- Ch 2. Classifying Claims and Remedies in Restitution
- PART II — CLAIMS BASED ON WANT OF TITLE
- Ch 3. Want of Title: Misdirected Funds and Tracing
- PART III — MISTAKE
- Ch 4. Mistake
- PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
- Ch 5. Improper Pressure
- Ch 6. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation
- Ch 7. Judgments Reversed or Set Aside
- Ch 8. Necessitous Intervention: Restitution for Unsolicited Services or Payments
- PART V — CLAIMS ARISING OUT OF INEFFECTIVE CONTRACTS
- Ch 9. Introduction to Ineffective Contracts
- Ch 10. Inherently Ineffective Contracts
- Ch 11. Contracts Discharged for Breach or Repudiation
- Ch 12. Contracts Discharged Without Breach
- Ch 13. Contracts Rescinded or Set Aside
- Ch 14. Valuation and Adjustment
- PART VI — CLAIMS BASED ON WRONG COMMITTED
- Ch 15. Introduction to Wrongs
- Ch 16. Tort
- Ch 17. Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights
- Ch 18. Breach of Contract
- Ch 19. Wrongful Killing: The Forfeiture Rule
- PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
- Ch 20. Restitution against the Revenue
- Ch 21. Restitution of Ultra Vires Disbursements from the Revenue
- PART VIII — DEFENCES
- Ch 22. Introduction to Defences
- Ch 23. Election
- Ch 24. Change of Position
- Ch 25. Consideration and Bona Fide Purchase
- Ch 26. Illegality
- Ch 27. Delay
- PART IX — INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
- Ch 28. Interest
- Ch 29. Pleading Restitutionary Claims and Defences