Restitution and Equity

  • Mark Byrne


The acceptance and potential growth in Australia of the law of restitution, based upon the concept of unjust enrichment, raises some questions about its place within our legal framework. In particular there has been some concern about its effect on and its relationship with equity. It is suggested that there are areas of overlap between the two. That is, where restitution in equity would fit within the unjust enrichment framework. In this article, three examples of such potential overlap are analysed to compare the respective principles at work in equity and unjust enrichment in a more detailed manner than has been previously attempted. It has been suggested that the integration of the relevant equitable principles is still one of the greatest challenges facing the law of restitution. This paper is an endeavour to better understand the real nature of any relationship and the conflicts that apparently exist between these two areas of law.
Oct 30, 1995
How to Cite
BYRNE, Mark. Restitution and Equity. QUT Law Review, [S.l.], v. 11, p. 169-184, oct. 1995. ISSN 2201-7275. Available at: <>. Date accessed: 01 feb. 2021. doi:
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