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' ( Restitution Law Review 147).
- Authoritative, scholarly and comprehensive—written by pre-eminent authors
Carter, Contract Law in Australia, 6th ed, 2012
Carter, Carter’s Breach of Contract, 2011
Carter, Carter on Contract, 2013, looseleaf and online
Table of contents
PART I — INTRODUCTION
- Restitution, Quasi-contract and Unjust Enrichment
- Classifying Claims and Remedies in Restitution
PART II — CLAIMS BASED ON WANT OF TITLE
- Want of Title: Misdirected Funds and Tracing
PART III — MISTAKE
PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
- Improper Pressure
- Bearing Others’ Burdens: Contribution, Recoupment and Subrogation
- Judgments Reversed or Set Aside
- Necessitous Intervention: Restitution for Unsolicited Services or Payments
PART V — INEFFECTIVE CONTRACTS
- Introduction to Ineffective Contracts
- Inherently Ineffective Contracts
- Contracts Discharged for Breach or Repudiation
- Contracts Discharged Without Breach
- Contracts Rescinded or Set Aside
- Valuation and Adjustment
PART VI — CLAIMS BASED ON WRONG COMMITTED
- Introduction to Wrongs
- Breach of Fiduciary Duty, Breach of Confi dence and Infringement of Intellectual Property Rights
- Breach of Contract
- Wrongful Killing: The Forfeiture Rule
PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
- Restitution against the Revenue
- Restitution of Ultra Vires Disbursements from the Revenue
PART VIII — DEFENCES
- Introduction to Defences
- Change of Position
- Consideration and Bona Fide Purchase
PART IX —INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
- Pleading Restitutionary Claims and Defences