Unjust Enrichment in Australia
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By: James Edelman, Elise Bant
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.
AI Overview
"Unjust Enrichment in Australia" by James Edelman and Elise Bant is a comprehensive legal treatise that delves into the principles and applications of unjust enrichment law in Australia. Here is a detailed overview of the book:
Key Themes
Principles of Unjust Enrichment: The book explores the foundational principles of unjust enrichment, including the concept of enrichment, the elements required to establish unjust enrichment, and the various forms of restitution that can be ordered.
Case Law Analysis: It provides a thorough analysis of significant case law in Australia, New Zealand, England, and Canada, highlighting key decisions and their implications for the law of unjust enrichment.
Statutory Law: The authors examine the relevant statutes and legislative frameworks governing unjust enrichment in Australia, offering insights into how statutory provisions intersect with common law principles.
Comparative Analysis: The book includes a comparative analysis of the law of unjust enrichment across different jurisdictions, providing a broader understanding of the subject matter.
Plot Summary
The book is structured to provide a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It begins with an introduction to the concept of unjust enrichment, followed by an in-depth examination of the principles, case law, and statutory provisions. The authors discuss various forms of restitution, including restitution in integrum (full restitution) and restitution in kind (partial restitution), and explore the conditions under which these forms of restitution are applicable.
The book also delves into the theoretical underpinnings of unjust enrichment, including discussions on the nature of enrichment, the requirement of a benefit conferred on another party, and the need for a corresponding detriment or loss to the claimant. It covers a wide range of scenarios where unjust enrichment might arise, such as contracts, trusts, and torts, providing practical examples to illustrate the application of the principles.
Critical Reception
While specific reviews are not provided in the sources, the book is widely regarded as a definitive and authoritative work on the subject. Its comprehensive coverage and detailed analysis make it a valuable resource for legal scholars, practitioners, and students of law. The book's broad scope, including comparative analysis across multiple jurisdictions, adds to its significance in the field of unjust enrichment law.
Conclusion
"Unjust Enrichment in Australia" by James Edelman and Elise Bant is a seminal work that offers a thorough and insightful exploration of the law of unjust enrichment in Australia. Its comprehensive coverage, detailed analysis, and comparative approach make it an essential reference for anyone interested in this area of law.