NCJ Number
141215
Date Published
1992
Length
167 pages
Annotation
The law of restitution, with a particular emphasis on Australian law, is examined in terms of its future development. Four specific questions are examined throughout this discussion: was the defendant enriched, was it at the plaintiff's expense, was there an unjust factor in terms of the circumstances which the law recognizes as requiring the return of the enrichment, and were there additional factors which require restitution to be withheld.
Abstract
The most important division in the law of restitution lies between the part which is substantive and that which is purely remedial. The first chapter discusses remedial and substantive restitution and suggests that the courts seek to eliminate some of the semantic complexity which surrounds remedial restitution. The next chapter examines several case studies to distinguish between fault-based liability and strict liability. The third chapter focuses on public and private restitution payments, in particular discussing ultra vires payments made by public authorities. Non-money values also play an important role in restitution law; many, but not all, cases involve contract disputes. Another chapter deals with the relationship between the measures of restitutionary recovery and the two related phenomena of tracing and constructive trusts. The final chapter explores defendants' possible defenses against restitution claims made against them. Chapter references