We use cookies to enable digital experiences. Disable them/read more. Browse on or click to
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.
Select a format
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 customer.support@lexisnexis.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.
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
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
- 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
- Tort
- 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
- Election
- Change of Position
- Consideration and Bona Fide Purchase
- Illegality
- Delay
PART IX —INTEREST AND PLEADING RESTITUTIONARY CLAIMS AND DEFENCES
- Interest
- Pleading Restitutionary Claims and Defences
Related products
-
Mason & Carter’s Restitution Law in Australia, 3rd editionRelease Date: May 01, 2016AUD$ 252.00
-
Mason & Carter’s Restitution Law in Australia, 3rd edition (Hardback)Release Date: May 01, 2016AUD$ 352.00
-
Mason & Carter’s Restitution Law in Australia, 3rd edition (eBook)Release Date: May 01, 2016AUD$ 264.59