The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which is not solely dependent on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organisation of the law and extends far beyond that jurisdiction.

In August 2006, the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was Justifying Private Law Remedies. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement.The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.This book examines the wider role and function of the law of remedies. The contributors are leading scholars from Australia, New Zealand, Canada and Britain. It will be of interest to contract, tort and restitution law scholars.

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker

Once regarded as an esoteric and arcane area of legal studies,intellectual property law is now recognised as a key foundation of the information society. Part of the legal system's response to the challenges of human creativity, intellectual property law seeks to balance rewards for innovation against the broader public interest. The contributors to this volume address some of the emerging controversies in this expanding area of law, including: property rights in data; cross-border infringement of copyright; dilution of trade marks; the expansion of the law of patents; and the interface between intellectual property law and the regulation of unfair competition. CONTRIBUTORS: The Hon Justice WMC Gummow, John Robinson, Thomas Marci Hamilton, John Simllie, Brian Fitzgerald, Sir Nicholas Pumfrey, Louise Longdin, John Adams, Graeme Austin, Susy Frankel, Sam Ricketson, Ian Eagles. TABLE OF CONTENTS 1 International Intellectual Property Law and the Common Law World - Introduction by The hon Justice W.M.C. Gummow Part 1: Intellectual Property and the Information Society 2 Database Protection and the Circuitous Route Around the United States Constitution - Marci A. Hamilton 3 Commodifying and Transacting Informational Products Through Contractual Licences: The Challenge for Informational Constitutionalism - Brian Fitzgerald 4 Shall We Shoot a Messenger Now and Then? Copyright Infringement and the On-line Service Provider - Louise Longdin 5 Copyright Across (and Within) Domestic Borders - Graeme W. Austin Part 2: Developments in Industrial Society 6 Dilution and Confusion: The Bases of Trade Mark Infringement or the new Australian Trade Marks Anti-dilution Law 1999 - Sam Ricketson 7 New Challenges for the Law of Patents - John Robinson Thomas 8 Patentability in Australia and New Zealand Under the Statute of Monopolies - John Smillie 9 The Protection of Designs - The Hon Sir Nicholas Pumfrey 10 Industrial Property in a Globalised Environment: Issues of Jurisdiction and Choice of Law - John N. Adams Part 3: Competition and Market Regulation 11 Unfair Competition Law -

The decision of the House of Lords in Salomon v. Salomon & Co., Ltd has had lasting influence on the development of modern company law. This one hundred year old decision articulated the founding propositions of company law, and is accordingly treated with reverence by academics and practitioners alike. The centenary of the case therefore affords a convenient opportunity to review these developments in company law. In doing so, the contributors to this volume range broadly across the modern approaches to company law and attempt to place key aspects of the subject in a theoretical and historical perspective and to lay bare the structural, theoretical, and policy issues which lie behind its day-to-day technicalities.