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

Essential reading for members of the judiciary, barristers and solicitors Australia wide as well as students of commercial law, equity and remedies.

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ISBN/ISSN: 9780409341638
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Product 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

Featured Authors

Emeritus Professor John Carter
K Mason
G J Tolhurst

Emeritus Professor John Carter

Emeritus Professor John Carter is Australia’s leading authority on contract law. He is the author of several highly regarded works on contract law and has taught contract law for over 30 years. He has an international reputation and has published in many leading journals. General Editor of the Journal of Contract Law, Professor Carter is also a consultant to Herbert Smith Freehills. He is a Fellow of the Australian Academy of Law.

View all books by Emeritus Professor John Carter (8)

K Mason

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.

View all books by K Mason (1)

G J Tolhurst

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.

View all books by G J Tolhurst (1)

Table of contents

PART I — INTRODUCTION
 

     
  1. Restitution, Quasi-contract and Unjust Enrichment 

    2.  
  2. Classifying Claims and Remedies in Restitution 

    3.  

 PART II — CLAIMS BASED ON WANT OF TITLE
 

     
  1. Want of Title: Misdirected Funds and Tracing 

    2.  

 PART III — MISTAKE
 

     
  1. Mistake 

    2.  

 PART IV — CLAIMS BASED ON LEGAL OR MORAL COMPULSION
 

     
  1. Improper Pressure 

    2.  
  2. Bearing Others’ Burdens: Contribution, Recoupment and Subrogation 

    3.  
  3. Judgments Reversed or Set Aside 

    4.  
  4. Necessitous Intervention: Restitution for Unsolicited Services or Payments 

    5.  

 PART V — INEFFECTIVE CONTRACTS
 

     
  1. Introduction to Ineffective Contracts 

    2.  
  2. Inherently Ineffective Contracts 

    3.  
  3. Contracts Discharged for Breach or Repudiation 

    4.  
  4. Contracts Discharged Without Breach 

    5.  
  5. Contracts Rescinded or Set Aside 

    6.  
  6. Valuation and Adjustment 

    7.  

 PART VI — CLAIMS BASED ON WRONG COMMITTED
 

     
  1. Introduction to Wrongs 

    2.  
  2. Tort 

    3.  
  3. Breach of Fiduciary Duty, Breach of Confi dence and Infringement of Intellectual Property Rights 

    4.  
  4. Breach of Contract 

    5.  
  5. Wrongful Killing: The Forfeiture Rule 

    6.  

 PART VII — SPECIAL CLAIMS INVOLVING THE EXECUTIVE
 

     
  1. Restitution against the Revenue 

    2.  
  2. Restitution of Ultra Vires Disbursements from the Revenue 

    3.  

 PART VIII — DEFENCES
 

     
  1. Introduction to Defences 

    2.  
  2. Election 

    3.  
  3. Change of Position 

    4.  
  4. Consideration and Bona Fide Purchase 

    5.  
  5. Illegality 

    6.  
  6. Delay 

    7.  

 PART IX —INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
 

     
  1. Interest 

    2.  
  2. Pleading Restitutionary Claims and Defences 

    3.

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