Recovery of benefits conferred pursuant to failed anticipated contracts - unjust enrichment, equitable estoppel or unjust sacrifice?
Article Abstract:
The limitations in applying the doctrines of unjust enrichment and equitable estoppel under Australian contract law to an anticipated contract where only services have been performed demonstrates the need for a new approach such as recompense for unjust sacrifice. When only services have been performed, no benefit is likely to have been conferred to the defendant, making unjust enrichment inapplicable. The expectation interest focus of equitable estoppel requires that the defendant have failed to act in good faith. Unjust sacrifice can be formulated to cover this gap in the law.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1995
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Recent applications in banking law of res judicata and issue estoppel doctrines
Article Abstract:
The doctrines of res judicata and issue estoppel are of relevance to banks as demonstrated in Bryant v. Commonwealth Bank of Australia, Triantafillidis v. National Australia Bank and Hong Kong Bank of Australia v. McKenna. In the first two cases, the banks used the doctrines to overcome debtor attempts to block enforcement of guarantees and mortgages. In McKenna, the debtor was able to claim res judicata when the bank brought multiple suits to recover on the same obligation.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1995
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Waiver and estoppel - a distinction without a difference?
Article Abstract:
There is a functional difference between waiver and estoppel which the courts should recognize. Unfortunately, case law from Australia and the UK shows a trend in the courts of treating the two terms as equivalent, leading to confusion in the language of decisions. Cases involving estoppel or waivers are surveyed.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1993
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