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Unjust Enrichment - Elise;Edelman,James Bant

Paperback Published: 27th July 2016
ISBN: 9781841133188
Number Of Pages: 480

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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.

Industry Reviews

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 *

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

ISBN: 9781841133188
ISBN-10: 1841133183
Audience: BAC
Format: Paperback
Language: English
Number Of Pages: 480
Published: 27th July 2016
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.3 x 16.9  x 2.6
Weight (kg): 0.83
Edition Number: 1
Edition Type: Revised

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