Unjust Enrichment in Australia is a comprehensive summary and analysis of the case and statute law on unjust enrichment in Australia. It is accessible for students and practitioners, even those who are unfamiliar with this major category of private law that sits alongside contract and torts. In addition to its thorough examination of the case and statute law, it provides clear explanations of the difficult theoretical issues in this rapidly developing area of law.

The book begins with a clear and simply introduction to the law of unjust enrichment, written especially for the newcomer. The main content is then divided into two parts. The first explains the nature of the remedy of restitution and its operation. The second part considers and explains when an action for unjust enrichment will arise, entitling the plaintiff to restitution. Each element of a claim for unjust enrichment is considered in part II, namely the meaning of, and how to satisfy, requirements of “enrichment”, “at the expense of the plaintiff” as well as when the enrichment will be “unjust” (with chapters for this latter issue on mistake, duress, undue influence, failure of consideration and unjust factors involving no intention to benefit and unjust factors based upon reasons of policy. Finally, defences to a claim for unjust enrichment are considered.

Introduction and Overview of Unjust Enrichment

Part I: Operation of the Remedy of Restitution

Chapter 1: The Remedy of Restitution

Chapter 2: Restitution distinguished from other remedies

Chapter 3: Proprietary restitutionary remedies

Part II: Restitution for unjust enrichment

Chapter 4: The history and nature of unjust enrichment

Chapter 5: The enrichment inquiry

Chapter 6: At the expense of the plaintiff

Chapter 7: The ‘unjust' inquiry

Chapter 8: Unjust 1: Mistake

Chapter 9: Unjust 2: Duress or illegitimate Pressure

Chapter 10: Unjust 3: Undue influence

Chapter 11: Unjust 4: Failure of consideration

Chapter 12: Unjust 5: Unjust factors involving no intention to benefit

Chapter 13: Unjust 6: Policy-motivated unjust factors

Chapter 14: Defences I: Change of position

Chapter 15: Defences II: Other defences

James Edelman, Adjunct Professor, University of Western Australia, Fellow and CUF Lecturer in Law, Keble College and University of Oxford

Elise Bant, Formerly Senior Lecturer, UWA