Restitution and equity: a comparison of principle

Authored book


Byrne, Mark. 2009. Restitution and equity: a comparison of principle. Saarbrucken, Germany. VDM Verlag Dr. Muller.
Book Title

Restitution and equity: a comparison of principle

Book CategoryAuthored book
ERA Publisher ID3717
Authors
AuthorByrne, Mark
Number of Pages101
Year2009
PublisherVDM Verlag Dr. Muller
Place of PublicationSaarbrucken, Germany
ISBN9783639186291
Web Address (URL)http://www.vdm-publishing.com/
Abstract

Unjust enrichment has been recognised in Australia as a 'unifying concept' to explain when restitution may be appropriate. Since that time however there has been great uncertainty as to whether these principles have any relationship to the law of equity. There have been claims that restitution should be just as recognisable within equitable cases as it is in common law claims. As a jurisdiction where there has been great development in equity however fears have been expressed that unjust enrichment may actually have the potential to distort the interpretation of equitable principles. This book looks at areas of law where there is potential overlap between restitution and equity and compares the basis for the remedies awarded.

Keywordsrestitution; equity
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
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Byline AffiliationsSchool of Law
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