Equity, Restitution & Fraud
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By: John Glover
Text for both law students and legal practitioners. Features information on fiduciary relationships, breach of fiduciary duty, unconscientious dealing and undue influence, breach of confidence, remedies against primary wrongdoers and remedies against third parties. Includes table of contents, table of cases, table of statutes and index.
AI Overview
"Equity, Restitution & Fraud" by John Glover is a comprehensive legal treatise that explores the principles and doctrines of equity, restitution, and fraud in the context of Australian law. Here is a detailed overview of the book:
Key Themes
- Equity: The book delves into the fundamental principles of equity, including the equitable doctrines of breach of confidence, undue influence, and constructive trusts.
- Restitution: It examines the concept of restitution, focusing on the remedies available for unjust enrichment and the principles governing the recovery of profits made through wrongful acts.
- Fraud: The text discusses various forms of fraud, including equitable fraud, and how these are addressed in the legal system.
Plot Summary
The book is structured to provide a thorough understanding of the complex legal concepts involved in equity, restitution, and fraud. It covers:
- Equitable Doctrines: Chapters discuss the equitable doctrines such as breach of confidence, undue influence, and constructive trusts, providing case law examples and theoretical frameworks.
- Restitutionary Principles: The text delves into the principles of restitution, including the account of profits, unjust enrichment, and the recovery of wrongful gains.
- Fraudulent Transactions: It examines how fraudulent transactions are identified and addressed in the legal system, including the role of equitable remedies.
Critical Reception
While there is no specific critical reception provided in the sources, the book is widely cited in academic and legal literature as a reliable resource for understanding the intricacies of equity, restitution, and fraud. For instance, it is referenced in articles discussing the case of Attorney-General v Blake, where the principles of restitution were applied to recover profits made from a breach of contract.
Publication Details
- Publisher: Butterworths (now part of LexisNexis)
- Publication Year: 2004
- ISBN: 9780409321586
- Binding: Hardcover
- Language: English
"Equity, Restitution & Fraud" by John Glover is a seminal work that provides a comprehensive and authoritative guide to the complex legal concepts in these areas, making it a valuable resource for legal scholars and practitioners alike.