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Where am I now? Lawlink > Law Reform Commission > Publications > Report 53 (1987) - Community Law Reform Program: Eleventh Report - Restitution Of Benefits Conferred Under Mistake Of Law
Report 53 (1987) - Community Law Reform Program: Eleventh Report - Restitution Of Benefits Conferred Under Mistake Of Law Table of Contents Terms of Reference CHAPTER 1. INTRODUCTION CHAPTER 2. THE DEVELOPMENT OF THE RULE DENYING RECOVERY CHAPTER 3. THE OPERATION OF THE RULE
B. Misconstruction of Private Agreements or Documents C. Money Paid in Reliance on Judicial Decisions Subsequently Reversed or Overruled
B. Public Moneys Mistakenly Disbursed Without Legal Authority C. Payments Mistakenly Made to an Officer of the Court D. Payments Mistakenly Made by the Court E. Payments by Personal Representatives and Trustees F. Wilful Misrepresentation of Law, Want of Bona Fides, Undue Influence and Breach of Fiduciary Obligation by the recipient G. Specific Statutory Exceptions Footnotes CHAPTER 4. CRITICISMS OF THE RULE AND OPTIONS FOR REFORM
B. The General Rule Cannot be Supported on Policy Grounds C. The Law is Uncertain and Complex D. The Law and its Exceptions Lack a Rational Basis
B. New Zealand and Western Australian Models CHAPTER 5. RECOMMENDATIONS
B. Defences, Cross Claims, Allowances in Accounts C. Benefits Other than Money D. Mistake in Contract
B. Change of Position
B. Restitution from Public Authorities C. Retrospectivity Appendix B: Select Bibliography |
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