Unjust Enrichment in Australia

Unjust Enrichment in Australia contains a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It is presented in a way which is designed to be easily accessible for students and practitioners who are not familiar with the area and it engages in discussion of many of the immensely difficult issues of theory that lie beneath the surface in this area of rapidly developing law.

Introduction and Overview of Unjust Enrichment Part I: Operation of the Remedy of Restitution Chapter 1: The Remedy of Restitution Chapter 2: Restitution distinguished from other remedies Chapter 3: Proprietary restitutionary remedies Part II: Restitution for unjust enrichment Chapter 4: The history and nature of unjust enrichment Chapter 5: The enrichment inquiry Chapter 6: At the expense of the plaintiff Chapter 7: The 'unjust' inquiry Chapter 8: Unjust 1: Mistake Chapter 9: Unjust 2: Duress or illegitimate Pressure Chapter 10: Unjust 3: Undue influence Chapter 11: Unjust 4: Failure of consideration Chapter 12: Unjust 5: Unjust factors involving no intention to benefit Chapter 13: Unjust 6: Policy-motivated unjust factors Chapter 14: Defences I: Change of position Chapter 15: Defences II: Other defences