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

Chatswood, N.S.W. : LexisNexis Butterworths, 2016.

3rd edition

87054

Restitution law in Australia.

Restitution -- Australia.

PART I: Introduction

1. Restitution, Quasi-contract and unjust enrichment

2. Classifying claims and remedies in restitution

PART II: Claims based on want of title

3. Want of title: misdirected funds and tracing

PART III: Mistake

4. Mistake

PART IV: 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 V: 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 Contracts rescinded or set aside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 VI: 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 VII: Special claims involving the executive

20. Restitution against the revenue

21. Restitution of ultra vires disbursements from the revenue

PART VIII: Defences

22. Introduction to defences

23. Election

24. Change of position

25. Consideration and bona fide purchase

26. Illegality

27. Delay

PART IX: Interest and pleading restitutionary claims and defences

28. Interest

29. Pleading restitutionary claims and defences.

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. - Publisher's website.

Includes bibliographical references and index.

9780409341621

xciv, 1077 pages ; 24 cm