Mason and Carter's Restitution Law in Australia
By: Keith Mason, John W. Carter, Greg Tolhurst
Restitution is one of the law's few remaining commons, largely untouched by statute. Fifty years ago restitution was a wilderness, an apparent 'miscellany of disparate categories' through which litigant, judge and student trudged holding a compass marked 'implied contract' at its four points. The landscape of the modern Australian law of restitution, however, is complex. The topic of restitution addressed by the authors includes doctrines responding to different and/or additional policies as well as gain-based remedies appurtenant to wrongs with their juridical source outside unjust enrichment, which is only one of the bases for restitution. In this third edition, the content has been revised and updated. Chapter 3 (Want of Title) has been substantially updated and Chapter 24 (Change of Position) has been completely rewritten. This book is essential reading for members of the judiciary, barristers and solicitors Australia wide, as well as students of commercial law, equity and remedies.
AI Overview
"Mason & Carter's Restitution Law in Australia" is a comprehensive legal treatise authored by Keith Mason, John W. Carter, and Greg Tolhurst. The book is widely recognized as a leading authority in the field of restitution law in Australia. Here is a detailed overview of the book, including key themes, critical reception, and updates:
Key Themes
Restitution Law: The book provides an authoritative analysis of the law of restitution, covering various doctrines and gain-based remedies. It delves into the policies and principles that underpin restitutionary claims, making it essential reading for legal professionals and students.
Case Law and Statute Law: The authors meticulously update the book to reflect recent case law and statute law, ensuring that the content remains current and relevant. This includes detailed discussions of significant cases like Redland City Council v Kozic (2024) HCA 7, which has had a substantial impact on unjust enrichment analysis.
Unjust Enrichment: The book explores the concept of unjust enrichment, including the rejection of defenses such as the "recipient not unjustly enriched" defense discussed in §62 of the Restatement of the Law Third, Restitution and Unjust Enrichment, 2010.
Historical Context: The book also provides historical context, noting that restitution law has evolved significantly over the years. It highlights how the field has transitioned from being a "wilderness" of disparate categories to a well-defined area of legal scholarship.
Critical Reception
- Academic Praise: The 4th edition of the book was described by Professor John McCamus as the "classic Australian treatise" and "an excellent piece of legal scholarship" in a review essay titled "Review Essay: Two Views of Australian Restitution Law" (2023) 67 CBLJ 256.
- Recognition: The book is recognized as the "standard Australian work" and the "leading authority" in the field of restitution law. It has been cited in notable cases such as Benson v Rational Entertainment Enterprises Ltd (2018) NSWCA 111 at .
- Impact: The book's influence extends beyond academia, with its analysis and discussions being crucial for legal practitioners, including members of the judiciary, barristers, and solicitors.
Updates
- 5th Edition: The latest edition includes significant updates and rewrites based on recent case law and statute law. This includes a detailed analysis of the Redland City Council v Kozic case, which has led to substantial revisions in Part VIII, particularly in Chapter 25 (Consideration and Bona Fide Purchase).
In summary, "Mason & Carter's Restitution Law in Australia" is a seminal work in the field of restitution law, offering a comprehensive and authoritative analysis that is essential for legal professionals and students. Its critical reception and recognition within the legal community underscore its importance and influence in shaping Australian restitution law.