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Area of Law
Author
Mason & Carter’s Restitution Law in Australia,3rd edition

Mason & Carter’s Restitution Law in Australia,3rd edition

Mason, K; Carter, J W; Tolhurst, G J, 2016

Available Formats

Format ISBN Price
Book 9780409341621 $273.00
Book 9780409341638 $385.00
eBook 9780409343601 $240.00

Mason & Carter’s Restitution Law in Australia,3rd edition is essential reading about restitution law for members of the judiciary, barristers and solicitors Australia wide as well as students of commercial law, equity and remedies.

 

Format: Paperback


Once published, this title will also be available in eBook format.
eISBN: 9780409343601

Description

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.

Comments from reviewers :
'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).

 

Features

Authoritative, scholarly and comprehensive—written by pre-eminent authors

 

Related Titles

Carter, Contract Law in Australia, 6th ed, 2012
Carter, Carter’s Breach of Contract, 2011
Carter, Carter on Contract, 2013, looseleaf and online

Author

K Mason is a Professorial Visiting Fellow at the University of New South Wales. He was formerly President of the New South Wales Court of Appeal.

J W Carter is Professor Emeritus at the University of Sydney, General Editor of the Journal of Contract Law and a Consultant to Herbert Smith Freehills. He is also a Fellow of the Australian Academy of Law.

G J Tolhurst is Professor of Commercial Law at the Faculty of Law, University of Sydney. He is also a consultant to Herbert Smith Freehills.

Table of Contents

PART I — INTRODUCTION
1. Restitution, Quasi-contract and Unjust Enrichment
2. Classifying Claims and Remedies in Restitution

PART II — CLAIMS BASED ON WANT OF TITLE
3. Want of Title: Misdirected Funds and Tracing

PART III — MISTAKE
4. Mistake

PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
5. Improper Pressure
6. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation
7. Judgments Reversed or Set Aside
8. Necessitous Intervention: Restitution for Unsolicited Services or Payments

PART V — INEFFECTIVE CONTRACTS
9. Introduction to Ineffective Contracts
10. Inherently Ineffective Contracts
11. Contracts Discharged for Breach or Repudiation
12. Contracts Discharged Without Breach
13. Contracts Rescinded or Set Aside
14. Valuation and Adjustment

PART VI — CLAIMS BASED ON WRONG COMMITTED
15. Introduction to Wrongs
16. Tort
17. Breach of Fiduciary Duty, Breach of Confi dence and
Infringement of Intellectual Property Rights
18. Breach of Contract
19. Wrongful Killing: The Forfeiture Rule

PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
20. Restitution against the Revenue
21. Restitution of Ultra Vires Disbursements from the Revenue

PART VIII — DEFENCES
22. Introduction to Defences
23. Election
24. Change of Position
25. Consideration and Bona Fide Purchase
26. Illegality
27. Delay

PART IX —INTEREST AND PLEADING RESTITUTIONARY
CLAIMS AND DEFENCES

28. Interest
29. Pleading Restitutionary Claims and Defences

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Pricing Information

$273.00AUD

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