Mason & Carter’s Restitution Law in Australia, 4th edition
Essential reading for legal practitioners, members of the judiciary, and students of commercial law, equity and remedies
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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