Australian Restitution Law

Australian Restitution Law

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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.
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Product details

  • Paperback | 808 pages
  • 156 x 234 x 40.64mm | 1,107g
  • Routledge Cavendish
  • London, United Kingdom
  • English
  • 2nd Revised ed.
  • 1876905093
  • 9781876905095
  • 878,703

Table of contents

The History and Basis of the Law of Restitution; Identification and Measurement of Enrichment; At the Plaintiff's Expense; The Unjust Factor; Money Paid Under a Mistake; Non-Monetary Benefits Provided Under a Mistake; Necessitous Intervention; Compulsory Discharge of Another's Legal Obligations; Duress; Introduction to Ineffective Contracts; Contracts Discharged for Breach or Repudiation; Contracts Discharged for Frustration; Unenforceable,Void and Illegal Contracts; Contracts which Fail to Materialise; Restitution Against Public Authorities; Restitution by the Revenue; Restitutionary Remedies for Wrongs; Defences; Remedies.
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About Sharon Erbacher

Sharon Erbacher, LLM (Cam), LLB (Hons) (QLD), B Com (QLD), Solicitor of the Supreme Court of Queensland, has worked as an Associate to Justice Brennan in the High Court of Australia and practised in a large commercial law firm. She is currently Senior Lecturer at the School of Law, Deakin University.
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