Download or read book Unjust Enrichment written by James Edelman and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
Download or read book Unjust Enrichment in Australia written by James Edelman and published by Oxford University Press, USA. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust Enrichment in Australia contains a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It is presented in a way which is designed to be easily accessible for students and practitioners who are not familiar with the area and it engages in discussion of many of the immensely difficult issues of theory that lie beneath the surface in this area of rapidly developing law.
Download or read book Unjust Enrichment written by Kit Barker and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution written by Jason Taliadoros and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Unjust Enrichment written by Jason W. Neyers and published by Hart Publishing. This book was released on 2004-04 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
Download or read book Unjust Enrichment in Commercial Law written by Simone Degeling and published by . This book was released on 2008-01-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.
Download or read book Restitution in Private International Law written by George Panagopoulos and published by Hart Publishing. This book was released on 2000-11-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.
Download or read book Mason and Carter s Restitution Law in Australia written by Keith Mason and published by . This book was released on 2016-05-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contract written by Jeannie Marie Paterson and published by . This book was released on 2015 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract: Cases and Materials, 13th Edition, continues to be the leading casebook for students of contract law in Australia.
Download or read book The Varieties of Restitution written by Ian Jackman and published by . This book was released on 2017-03-17 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Download or read book Australian Restitution Law written by Sharon Erbacher and published by Routledge. This book was released on 2012-09-10 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.
Download or read book Mason and Carter s Restitution Law in Australia written by Keith Mason and published by . This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. However, the landscape of the modern Australian law of restitution 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. Several chapters have been extensively rewritten and the third 'Want of Title: Misdirected Funds and Tracing' is new to this edition. 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 of the first edition: '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). Important Feature: Authoritative, scholarly and comprehensive--written by pre-eminent authors
Download or read book Restitution Law in Australia written by Keith Mason and published by . This book was released on 2008 with total page 1059 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. However, the landscape of the modern Australian law of restitution 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. Several chapters have been extensively rewritten and the third 'Want of Title: Misdirected Funds and Tracing' is new to this edition. 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.
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Download or read book Restitution Law in Australia written by Keith Mason and published by . This book was released on 1995 with total page 1026 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution law in Australia.
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Download or read book Unjust Enrichment and the Role of Legal History in England and Australia written by Warren Swain and published by . This book was released on 2014 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law evolves slowly over decades or even centuries. Without the benefit of hindsight it is not always obvious that any change has taken place at all. Yet this observation does not inevitably hold true. The emergence of unjust enrichment in the final decades of the twentieth century is a clear counterexample. Little more than a generation has passed since Lord Diplock could state that 'there is no general doctrine of unjust enrichment recognised in English law'. In England such remarks would now be all but impossible. What was once an academic backwater has assumed great importance in claims involving enormous sums of money. The decision which gave unequivocal judicial approval to unjust enrichment as a distinct legal category in England has not yet celebrated its 25th birthday. Judicial recognition of unjust enrichment was also late in coming in the High Court of Australia and the New Zealand Court of Appeal. The Supreme Court of Canada was more prescient in this regard, but the law in that jurisdiction has veered off in a very different direction to the rest of the Commonwealth.
