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The Varieties of Restitution
The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
The Varieties of Restitution
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary paymen...
Who's who in Australia 2008
A biographic reference to notable people in Australia. Entrants are drawn from all areas of Australian life, including the arts, politics, education, medicine, defence, business, diplomatic service, and recipients of honours and awards.
Who's who in Australia 2009
A biographic reference to notable people in Australia. Entrants are drawn from all areas of Australian life, including the arts, politics, education, medicine, defence, business, diplomatic service, and recipients of honours and awards.
Gewinnausgleich
English summary: Kristin Boosfeld depicts the heterogeneous traditions of disgorgement of profits in French, Dutch and English law. On this basis, she develops criteria to give a consistent answer to the question whether and to what extent profits, be they made by violation of property or any other right, should be disgorged. German description: Wird unter Verletzung fremder Rechte ein Gewinn erzielt, so stellt sich die Frage, wem dieser zusteht: dem Rechtsinhaber, der zur Gewinnerzielung nicht beigetragen hat, oder dem Gewinnerzielenden, der ohne das fremde Recht den Gewinn nicht erzielt hatte. Kristin Boosfeld stellt die in Frankreich, den Niederlanden und England vertretenen Losungsansatz...
Data Science and Analytics Strategy
This book describes how to establish data science and analytics capabilities in organisations using Emergent Design, an evolutionary approach that increases the chances of successful outcomes while minimising upfront investment. Based on their experiences and those of a number of data leaders, the authors provide actionable advice on data technologies, processes, and governance structures so that readers can make choices that are appropriate to their organisational contexts and requirements. The book blends academic research on organisational change and data science processes with real-world stories from experienced data analytics leaders, focusing on the practical aspects of setting up a da...
