[Download] "Change of Position and Restitution for Wrongs: 'Ne'er the Twain shall Meet'?(Australia)" by Melbourne University Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Change of Position and Restitution for Wrongs: 'Ne'er the Twain shall Meet'?(Australia)
- Author : Melbourne University Law Review
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 361 KB
Description
[Since its inception into Australian law less than two decades ago, change of position has become firmly established as the most important defence to a claim for restitution based on the concept of unjust enrichment. A lingering uncertainty, however, is the extent to which the defence can apply where restitution is claimed as a remedy for civil wrongs, such as conversion or breach of fiduciary duty. The author examines the nature and rationale of change of position and the policy behind restitutionary claims for conversion and breach of fiduciary duty, and argues that change of position should be applicable in these situations, provided the defendant has acted in good faith at all relevant times.] INTRODUCTION