Edelman, James,
Unjust enrichment / James Edelman and Elise Bant. - Second edition. - lix, 415 pages ; 25 cm
Includes bibliographical references and index.
Introduction -- The nature of an action based on unjust enrichment -- The remedy of restitution -- The enrichment enquiry -- At the expense of the plaintiff -- The unjust enquiry -- Negating juristic reasons -- Mistake -- Duress or illegitimate pressure -- Undue influence -- Failure of consideration -- No intention to benefit the defendant -- Policy-based reasons for restitution -- Change of position -- Other defences.
"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."--Back cover.
9781841133188 1841133183
2016016402
Unjust enrichment--English-speaking countries.
Restitution--English-speaking countries.
Restitution.
Unjust enrichment.
English-speaking countries.
Australia.
K920 / .E34 2016
346/.1521029
Unjust enrichment / James Edelman and Elise Bant. - Second edition. - lix, 415 pages ; 25 cm
Includes bibliographical references and index.
Introduction -- The nature of an action based on unjust enrichment -- The remedy of restitution -- The enrichment enquiry -- At the expense of the plaintiff -- The unjust enquiry -- Negating juristic reasons -- Mistake -- Duress or illegitimate pressure -- Undue influence -- Failure of consideration -- No intention to benefit the defendant -- Policy-based reasons for restitution -- Change of position -- Other defences.
"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."--Back cover.
9781841133188 1841133183
2016016402
Unjust enrichment--English-speaking countries.
Restitution--English-speaking countries.
Restitution.
Unjust enrichment.
English-speaking countries.
Australia.
K920 / .E34 2016
346/.1521029