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.
Table of Contents
Concepts and Definitions
Unjust Enrichment as a Legal Obligation
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
Table of Cases