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.
Sprache
Verlagsort
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Gewicht
ISBN-13
978-1-86287-255-4 (9781862872554)
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Schweitzer Klassifikation
Contents 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