Restitution and equity: a comparison of principle

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.