The Varieties of Restitution, 2nd Edition, 9781760021320
Hardcover
Unjust enrichment? Australian restitution law fills contract and tort gaps.

The Varieties of Restitution, 2nd Edition

2nd edition

$162.83

  • Hardcover

    320 pages

  • Release Date

    17 March 2017

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Summary

The Varieties of Restitution: A Principled Approach to Unjust Enrichment

Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff’s expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish.

The law of restitut…

Book Details

ISBN-13:9781760021320
ISBN-10:1760021326
Author:Ian Jackman
Publisher:Federation Press
Imprint:Federation Press
Format:Hardcover
Number of Pages:320
Edition:2nd
Release Date:17 March 2017
Weight:492g
Dimensions:234mm x 156mm
What They're Saying

Critics Review

This is the second edition of a work which was first published in 1998 to wide acclaim for its illuminating and penetrating discussion concerning the taxonomical possibilities of that area of law which is sometimes referred to as “restitution”. The initial edition added substantially to the identification of the structure of this area of the law in its various incantations. This second edition modernises the discussion by taking into account the ever widening divergence between English and Australian law and the vigorous eschewing by the High Court of any unifying or underlying principle. … It matters not on which side of the debate one positions themselves in relation to this book. It is, without doubt, an excellent contribution to the process of understanding the diffuse structure of the law in this area. It directly confronts the arguments advanced for the “unifying principle” approach and posits a strong, but measured, defence of the existing Australian position. It explains and analyses a difficult and abstruse area of the law and, in the process, assays the modern cases in an intelligible and comprehensive way. Read full review… - Queensland Law Reporter - 31 March 2017 - [2017] 12 QLR

About The Author

Ian Jackman

Ian Jackman is a Senior Counsel of the NSW Bar with nearly 30 years’ experience in commercial and company law. He was awarded First Class Honours in History at the University of Sydney and, as Rhodes Scholar for NSW, First Class Honours and the Gibbs Prize in Law at Oxford University, followed by the BCL. He was an Associate to the Honourable Justice Gummow, then of the Federal Court, before commencing practice as a barrister in 1990. His work has been published extensively in Australia and the United Kingdom. The first edition of this work was published in 1998.

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