Mason and Carter's restitution law in Australia / Keith Mason, J W Carter, G J Tolhurst.

Chatswood, N.S.W. : LexisNexis, 2021.

4th edition

198710

Restitution law in Australia.

Restitution -- Australia.

PART 1 — Introduction

1. Restitution, Quasi-contract and Unjust Enrichment

2. Classifying Claims and Remedies in Restitution

PART 2 — Claims based on want of title

3. Want of Title: Misdirected Funds and Tracing

PART 3 — Mistake

4. Mistake

PART 4 — 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 5 — Claims arising out of 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 Contracts Rescinded or Set Aside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 6 — Claims based on wrong committed

15. Introduction to Wrongs

16. Tort

17. Breach of Fiduciary Duty, Breach of Confidence and Infringement of Intellectual Property Rights

18. Breach of Contract

19. Wrongful Killing: The Forfeiture Rule

PART 7 — Special claims involving the executive

20. Restitution against the Revenue

21. Restitution of Ultra Vires Disbursements from the Revenue

PART 8 — Defences

22. Introduction to Defences

23. Election

24. Change of Position

25. Consideration and Bona Fide Purchase

26. Illegality

27. Delay

PART 9 — Interest and pleading restitutionary claims and defences

28. Interest

29. Pleading Restitutionary Claims and Defences.

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. - Publisher's website.

Previous edition: 2016.

Includes bibliographical references and index.

9780409352252

civ, 1179 pages ; 24 cm