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Unjust Enrichment in Commercial Law

Unjust Enrichment in Commercial Law

ISBN 9780455225043
Publication Date
Publisher Thomson Reuters
This superb collection of essays from the world's leading minds offers insight into a difficult area in commercial law.  The authors include judges from the House of Lords, High Court of Australia, intermediate Australian appellate courts, leading practitioners and professors of law from all across the Commonwealth.  As Lord Rodger writes in his chapter, unjust enrichment "is little over 40 years old.we are still groping for a satisfactory analysis of the law of negligence 75 years after Donoghue v Stevenson.The analysis of unjust enrichment will [likewise] mature further over the coming decades and generations". This book, spanning many of the controversial issues at the cutting edge of unjust enrichment, is an indispensable guide through this area of law for all commercial practitioners. Edited by Drs Simone Degeling and James Edelman, the book draws on papers presented at the "Restitution in Commercial Law" Conference in Sydney in August 2007. This new book is in the tradition of Equity in Commercial Law, earlier essays also edited by Degeling and Edelman. Writing of the earlier book in the Modern Law Review, Kit Barker said: "The vigorous debates which rage throughout the book about the role of equity in commerce are.not simply historic and abstract, but concrete, salient and imminently important.There can be no doubt that this book refines and redefines the debate about fusion in commercial law and beyond. It is fascinating throughout not least because of the difficulty and intensity of the controversies that it addresses."  The list of contributions to Unjust Enrichment in Commercial Law follows. INTRODUCTION James Edelman and Simone Degeling PART I: THE NATURE AND THEORY OF UNJUST ENRICHMENT Robert Stevens, Is there a Law of Unjust Enrichment? Lionel Smith, Unjust Enrichment: Big or Small? Adrian Briggs, Misappropriated and Misapplied Assets and the Conflict of Laws PART II: ENRICHMENT John McGhee, The Nature of Enrichment Inquiry Steve Hedley, Enrichment PART III: AT THE EXPENSE OF THE CLAIMANT Mitchell McInnes, Hambly v Trott and the Claimant's Expense: Professor Birks' Challenge Charles Mitchell, Liability Chains Graham Virgo, Causation and Remoteness within the Law of Unjust Enrichment PART IV: UNJUST FACTORS James Edelman and Simone Degeling, What is an Unjust Factor? Marilyn Warren, Mistake and Unjust Enrichment-The Double Life of the Law and its Progress Carmel McLure, Failure of Consideration and the Boundaries of Restitution and Contract Kenneth Hayne, Anticipated Contracts that Fail to Materialise Robert Chambers and James Penner, Ignorance Keith Mason, Economic Duress Michael Bryan, Unconscionable Conduct as an Unjust Factor Alan Rodger, An Introduction to Sempra Metals Ltd PART V: PROPRIETARY REMEDIES Andrew Burrows, The Relationship between Unjust Enrichment and Property: Some Unresolved Issues William Swadling, Policy Arguments for Proprietary Restitution PART VI: DEFENCES John McCamus, Wrongful Conduct and Change of Position Bret Walker, The Defence of Illegality to a Claim in Unjust Enrichment Peter Watts, Imputed Knowledge in Restitutionary Claims-Rationales and Rationes  

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