• EAN: 9781862872554
  • 152 pages; 6" x 8⅝"
Filed Under: Contracts

Unjust Enrichment

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Product Description

Barely 10 years old and growing rapidly, the doctrine of unjust enrichment offers splendid rewards to those who understand it and grave dangers to those who do not.

This short book explains clearly and concisely the uses and dangers of the doctrine. Davenport, author of the very successful Construction Claims, and Harris draw primarily upon examples in construction law, where unjust enrichment has had its greatest impact, while pointing out that the principles in their book are of general application. They also note that the recency of the doctrine means that there are as yet only a handful of Australian cases so that academic opinion and international caselaw play a vital role; hence, extensive footnotes and a five-page bibliography.

Introduction

Concepts and Definitions

Unjust Enrichment as a Legal Obligation

Historical Perspective

Elements of Unjust Enrichment Claims

Valuing the Enrichment

Restitution and the Building Industry

No Effective Contract

Termination of the Contract by Repudiation

Termination of the Contract by Frustration

Statute Rendering contract Unenforceable

Work Outside the Scope of the Contract

Subcontractors

Dispute Procedures

Table of Cases/ Bibliography/ Index

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