Unjust enrichment / James Edelman and Elise Bant.

By: Edelman, James [author.]Contributor(s): Bant, Elise [author.]Material type: TextTextPublisher: Oxford ; Portland, Oregon : Hart Publishing, 2016Edition: Second editionDescription: lix, 415 pages ; 25 cmContent type: text Media type: unmediated Carrier type: volumeISBN: 9781841133188; 1841133183Uniform titles: Unjust enrichment in Australia Subject(s): Unjust enrichment -- English-speaking countries | Restitution -- English-speaking countries | Restitution | Unjust enrichment | English-speaking countries | AustraliaAdditional physical formats: Online version:: Unjust enrichment.DDC classification: 346/.1521029 LOC classification: K920 | .E34 2016
Contents:
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.
Summary: "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.Other editions: Revision of:: Edelman, James. Unjust enrichment in Australia.
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Item type Current library Call number Copy number Status Notes Date due Barcode
Books Books Female Library
K920 .E34 2016 (Browse shelf (Opens below)) 1 Available STACKS 51952000343967
Books Books Main Library
K920 .E34 2016 (Browse shelf (Opens below)) 1 Available STACKS 51952000343950

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.

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