Restitution Law
By: Sharon Erbacher
Australian Restitution Law contains comprehensive extracts of the most significant cases from Australia and England, preceded by detailed factual analysis. The commentary thoroughly clarifies and develops the topics, and explains the various academic views in areas where these are likely to be influential. This second edition incorporates a number of important new cases, including the House of Lords' decisions in Kleinwort Benson Ltd v Lincoln CC (1999) on recovery of payments made under a mistake of law; Attorney-General v Blake (2001) on the availability of an account of profits for a breach of contract; and the High Court of Australia decision in Roxborough v Rothmans of Pall Mall Australia Ltd (2001) on various aspects of restitution law, including recovery of money on the basis of a total failure of consideration and the defence of passing on. It also contains new sections dealing with practical questions such as pleading a claim in restitution, the bases of a claim for interest and limitation of actions. This book is an essential resource for commercial and banking lawyers, or for anyone who is studying or researching restitution law in Australia.
AI Overview
The book "Australian Restitution Law" by Sharon Erbacher is a comprehensive casebook on restitution law in Australia. Here is a detailed overview:
Key Themes
- Restitution Law in Australia: The book focuses on the principles and applications of restitution law in the Australian legal system.
- Comprehensive Extracts: It contains extensive extracts from significant Australian and international cases, providing a thorough understanding of the subject.
- Case Studies and Materials: The book includes a variety of case studies and materials to illustrate the practical application of restitution law.
Plot Summary
Given that "Australian Restitution Law" is a casebook, it does not have a traditional narrative plot. Instead, it is structured around the presentation of legal cases and materials related to restitution law. The book covers various aspects of restitution, including unjust enrichment, tracing, and the recovery of property. It provides a detailed analysis of key cases and legislation, helping readers understand the complexities of restitution law in Australia.
Critical Reception
While specific reviews are not provided in the search results, the book's reputation as the first casebook on restitution law in Australia suggests it has been well-received by legal scholars and practitioners. The inclusion of comprehensive extracts from significant cases indicates that the book is a valuable resource for those studying or practicing restitution law in Australia.
Publication Details
- Publication Date: The book was first published in 2002, with subsequent editions possibly available.
- Editions: The 1st edition was published on August 28, 2002.
- Availability: The book is available through various online retailers, including ThriftBooks, BooksDirect, and Blackwell's.
In summary, "Australian Restitution Law" by Sharon Erbacher is a seminal work in the field of Australian legal studies, providing a comprehensive and practical guide to restitution law through extensive case studies and materials. Its critical reception suggests it is a highly regarded resource among legal professionals and scholars.