Unjust Enrichment

2. Auflage 2016
ISBN: 978-1-84113-318-8
Verlag: Hart Publishing

Buch, Englisch, 480 Seiten, Paperback, Format (B × H): 168 mm x 244 mm, Gewicht: 800 g

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.

Autoren/Hrsg.

Bant, Elise

Edelman, James

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Bant, Elise
Elise Bant is Professor of Private Law and Commercial Regulation at The University of Western Australia and Professorial Fellow at Melbourne Law School, The University of Melbourne.

Edelman, James
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.

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.