
Contents
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1. Lawful Transactions 1. Lawful Transactions
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2. Contract 2. Contract
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(A) Discharge of a Contractual Obligation (A) Discharge of a Contractual Obligation
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(B) Exclusion of Restitution by Contract (B) Exclusion of Restitution by Contract
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(C) Continuing Contractual Regime (C) Continuing Contractual Regime
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(i) Determining When the Contractual Regime Continues (i) Determining When the Contractual Regime Continues
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(1) The Obligation Rule (1) The Obligation Rule
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(2) Implied Contracts and Terms (2) Implied Contracts and Terms
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(3) Continuance of Contractual Obligations after Termination (3) Continuance of Contractual Obligations after Termination
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(ii) Restitution Despite the Contractual Regime Continuing (ii) Restitution Despite the Contractual Regime Continuing
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(D) Contract with a Third Party (D) Contract with a Third Party
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(E) Provision for Restitution by Contract (E) Provision for Restitution by Contract
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(F) Settlement and Compromise (F) Settlement and Compromise
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(G) Unenforceable Contracts (G) Unenforceable Contracts
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3. Discharge of a Debt 3. Discharge of a Debt
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4. Statutory Authority 4. Statutory Authority
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5. Res Judicata 5. Res Judicata
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6. Natural Obligations 6. Natural Obligations
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7. Gifts 7. Gifts
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8. Voluntary Transfers 8. Voluntary Transfers
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Cite
Abstract
This chapter considers the circumstances within the Law of Unjust Enrichment where the claimant transfers a benefit to the defendant pursuant to a transaction which is legally effective, which means that the claimant is unable to obtain restitution from the defendant. Various legally effective bases are considered. The most significant is contract, where, by virtue of the principle of subsidiarity, the contract generally prevails over a claim in unjust enrichment, although sometimes, where the contract is not considered to have provided for all risks eventuating, a claim in unjust enrichment will succeed despite the continuation of the contractual regime. Other legally effective bases include the discharge of a debt, discharge of a statutory liability, res judicata, and gifts.
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