Unjust Enrichment

Professor Elise Bant (The University of Western Australia), James Edelman

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English

Hart Publishing
27 July 2016

Comparative law; Contract law

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.

By: Professor Elise Bant (The University of Western Australia), James Edelman
Imprint: Hart Publishing
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 244mm, Width: 171mm, Spine: 20mm
Weight: 779g
ISBN: 9781841133188
ISBN 10: 1841133183
Pages: 480
Publication Date: 27 July 2016
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Part I: The Action For Unjust Enrichment 1. Introduction 2. The Nature of an Action Based on Unjust Enrichment 3. The Remedy of Restitution Part II: Elements of Unjust Enrichment 4. The Enrichment Enquiry 5. At the Expense of the Plaintiff 6. The Unjust Enquiry 7. Negating Juristic Reasons Part III: The Unjust Factors 8. Mistake 9. Duress or Illegitimate Pressure 10. Undue Influence 11. Failure of Consideration 12. No Intention to Benefit the Defendant 13. Policy-Based Reasons for Restitution Part IV: Defences 14. Change of Position 15. Other Defences

James Edelman, a Justice of the Federal Court of Australia and Adjunct Professor at the University of Queensland, has previously been a Justice of the Supreme Court of Western Australia and Professor of the Law of Obligations at the University of Oxford. Elise Bant is Professor of Law at the University of Melbourne.

Reviews for Unjust Enrichment

This book will be an invaluable addition to the library of the busy practitioner and equally at home with students, providing much-needed nurturing guidance to developing minds. -- Anthony Lo Surdo Australian Banking and Finance Bulletin