Restitution and equity: a comparison of principle

Byrne, Mark (2009) Restitution and equity: a comparison of principle. VDM Verlag Dr Muller, Saarbrucken, Germany. ISBN 978-3-639-18629-1

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Abstract

Unjust enrichment has been recognised in Australia as a 'unifying concept' to explain when restitution may be appropriate. Since that time however there has been great uncertainty as to whether these principles have any relationship to the law of equity. There have been claims that restitution should be just as recognisable within equitable cases as it is in common law claims. As a jurisdiction where there has been great development in equity however fears have been expressed that unjust enrichment may actually have the potential to distort the interpretation of equitable principles. This book looks at areas of law where there is potential overlap between restitution and equity and compares the basis for the remedies awarded.


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Item Type: Book (Commonwealth Reporting Category A)
Refereed: No
Item Status: Live Archive
Additional Information: Unavailable in electronic format. Print copy held in USQ Library at call no. 346.94029 Byr.
Depositing User: Mr Mark Byrne
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 05 Oct 2009 06:42
Last Modified: 21 Dec 2011 04:44
Uncontrolled Keywords: restitution; equity
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180199 Law not elsewhere classified
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/5763

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