A Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract by Caprice Roberts (Washington and Lee Law Rev) (ssrn.com) (July 2008)
ACCC
v. Berbatis Holdings (2003) 197 ALR 153 by Nicole
Dean (Sydney Law Rev) (2004)
Adras
v. Harlow & Jones (1988) - CISG case presentation
(1999)
After Etridge:
The endgame for banks and non-commercial sureties? by
Stephen Midwinter (September 2002)
After Frustration: Three Cheers for Chandler v. Webster by Victor P Goldberg (ssrn.com) (November 2010)
Against
the 'Meeting of the Minds': Exploring a New Basis for Contractual
Liability by Omri Ben-Shahar (ssrn.com) (October
2002)
An
Alternative Approach to Avoiding the Guaranteed Maximum Price
in Contracts by Jon T Anderson (Thelen Reid & Priest)
(May 2000)
An Economic Perspective on the Doctrine of Unilateral Mistake in English Contract Law: A Remedy-Based Approach by Qi Zhou (Northern Ireland Legal Quarterly) (ssrn.com) (April 2008)
Another Look at the Giving of Independent Advice to Sureties: Some Uncertainties and Evolving Concerns by Charles Chew (Bond Law Rev) (2006) A
restitutionary theory of attorneys' fees in class actions
by Charles Silver (Cornell Law Review) (1991)
Banks
and fiduciary relationships by John Glover (Bond Law
Rev) (1995)
Brief
– Quantum meruit and local government by Greg Abbott,
A-G of Texas (June 2005)
California
Public Works Contractors Get Some Protection for Work Performed
After Bid Disputes by Laura O Leslie and W Samuel Niece
(Thelen Reid and Priest) (June 2004) Clogging
the equity of redemption: An outmoded concept? by Lindy
Willmott and Bill Duncan (QUT Law & Justice Jour)
(also here)
(2002)
Commission
Impossible? Bonus and Commission Claims Get Boost from Court
Decisions by V John Ella (Hennepin Lawyer) (June
2005) Committee
Ruling - Proceedings against a Firm or Solicitor for Unpaid
Fees by Anthony JH Morris (October 2000)
Construction
Lender Required to Pay Contractor for Value of Work Performed
after Halting Funding Without Telling the Contractor by
Clark Thiel (Thelen Reid and Priest) (September 2004)
Contract
- III. Void and Voidable by Oliver Wendell Holmes Jr (from
The
Common Law (1881))
Contract
Law, Contractarian Law, and Fiduciary Law by Tamar Frankel
(AALS) (January 2002)
Contract,
unjustified enrichment and concurrent liability: a Scots perspective
by Hector L MacQueen (1997)
Coping with Failure? Re-Appraising Pre-Contractual Remuneration
by Kit Barker (ssrn.com) (2003)
Crafting
a Remedy for the Naughtiness of Procedural Unconscionability
by Paul Bennett Marrow (ssrn.com) (2004)
Creation
of a Contract by Solicitation of a Bid by Anthony D Lehman
(Smith, Currie and Hancock) (1999)
Curbing
unconscionability: Berbatis in the High Court of
Australia by Rick Bigwood (Melbourne Univ Law Rev)
(April 2004)
Disgorgement
for breach of contract: a comparative perspective by John
D McCamus (Loyola of Los Angeles Law Rev) (2003)
Equitable
estoppel: Defining the detriment by Denis SK Ong (Bond
Law Rev) (June 1999) (see also reply
by Michael Pratt and rejoinder
by Denis Ong)
Estoppel
and Textualism by Gregory Maggs (American Jour of
Comparative Law) (ssrn) (2006) Estoppel
by conduct: Unresolved issues at common law and in equity
by Andrew Robertson (National Law Rev) (1999)
Failure
of Consideration and its Place on the Map by Peter Birks
(abstract only) (Oxf Univ Comm Law Jour) (Summer 2002)
Filing
Your Claim of Lien: Be Honest and Be Careful or Risk Getting
Nothing by Harlan E Jones (Jordan Schrader) (2003)
Frustration, Hardship, Force Majeure, Imprévision,
Wegfall der Geschäftsgrundlage, Unmöglichkeit, Changed
Circumstances - A Comparative study in English, French, German
and Japanese Law by AH Puelinckx
General
Contractors Lose Three Recent Cases by James R Keller
(St Louis Construction News and Review) (June 2000)
Good
Faith in Precontractual Negotiations: A Franco-German-American
Perspective by Omer Tene (ssrn) (October 2006)
Good faith in the Scots law of contract: an undisclosed principle?
by Hector L MacQueen (1999)
High
Hopes: The meaning and merits of unconscionability as the
rationale for the High Court's decision in Garcia v. National
Australia Bank Ltd by Pauline Ridge (National Law
Rev) (2000)
In
Defense of the Good Samaritan by Hanoch Dagan (Michigan Law Rev) (ssrn.com) (1999)
In
Personam, Garcia v. NAB and the Torrens System -
Are They Reconcilable?
by Lynden Griggs (QUT Law and Justice Jour) (2001)
International
Negotiations Gone Sour: Precontractual Liability under the
United Nations Sales Convention by Diane Madeline Goderre
(Univ of Cincinnati Law Rev) (also here)
(1997)
Interpretation and Rectification: Lord Hoffmann’s Last Stand by David McLauchlan
(ssrn.com)
(2009)

Legal
explanation of possible restitution action by the SA Reserve
Bank (South African Reserve Bank)
Legal
Implications of Precontractual Agreements in the Energy and
Natural Resources Industries by Mirian Kene Omalu (On-Line
Journal of the CEPMLP) (1999)
Let's
Be Reasonable: Quantum Meruit and Asian Equivalents by
Nicholas Longley (Tanner De Witt) (May 2006)
Letters
of Comfort: A Comparative Evaluation of Australian, United
States and English Jurisdictions by Lang Thai (Current
Commercial Law) (May 2000)
Liability in Unjust Enrichment Where a Contract Fails to Materialise by James Edelman (ssrn.com) (2010)
Liability
outside the contract (Electronic Construction Law Jour)
Liens
for motor vehicle service (December 2003)
Litigating
The Yankee Tax: Application Of The Lodestar To Attorneys'
Fee Awards In Common Fund Litigation by Bruce R Braun
and W Gordon Dobie (Florida State Univ Law Rev) (1996)
Lumbers v. W. Cook Builders Pty Ltd (in liq): Restitution for Services and the Allocation of Contractual Risk
by Michael Bryan (Melbourne Univ Law Rev) (ssrn.com) (2009)
Marine Salvage & Recreational Boaters: Modern Concepts & Misconceptions
by Andrew W Anderson
Marine-Salvage
Law and Marine-Peril-Related Policy: A Second-Best and Third-Best
Economic-Efficiency Analysis of the Problem, the Law, and
the Classic Landes and Posner Study by Richard S Markovits
(U of Texas Law and Economics Research Papers) (ssrn.com)
(March 2005)
Mechanics'
liens and surety bonds under Georgia law (The Chapman
Firm)
Memorandum
- Assisted Living Group v. Smith (Lawfinders)
Mr
Garland goes to Ottawa: comments on restitution in Canada
through the lens of Garland v. Consumers' Gas by
Jeff Berryman (Loyola of Los Angeles Law Rev) (2003)
Murky
Waters: The Law and Economics of Salvaging Historic Shipwrecks
by Paul Hallwood and Thomas J Miceli (Univ of Connecticut
Department of Economics Working Paper Series) (December
2004)
Mutual
and Unilateral Mistake in Contract Law by Ian Ayres and
Eric Rasmusen (Jour of Leg Stud) (1993)
Mutual Misunderstanding in Contract by Benjamin Alarie (Univ of Toronto, Legal Studies Research Papers) (ssrn.com) (July 2008)
New
Take On Mortgage Fraud: Undue Enrichment by Lew Sichelman
(Realty Times) (September 2001)
New
York Appellate Division Limits Bank Liability For Sharing
Confidential Information by Rex Douglas Frazier (Pillsbury
Winthrop) (2002)
Nonmaterial
misrepresentation: damages, rescission, and the possibility
of efficient fraud by Emily Sherwin (Loyola of Los
Angeles Law Rev) (2003)
Precontractual liability and preliminary agreements by Alan Schwartz and Robert E Scott (Harvard Law Rev) (2007) 
Precontractual Liability in European Private Law: Conclusions by John Cartwright and Martin Hesselink (ssrn.com) (December 2008)
Precontractual Liability in European Private Law: Introduction by John Cartwright and Martin Hesselink (ssrn.com) (November 2008)
Precontractual Liability in the Rome II Regulation by Rafael Arenas García (InDret) (ssrn.com) (2008)
Pre-contractual
liability: protecting the rights of the parties engaged in
negotiations by Alyona N Kucher (May 2004)
Precontractual
Negotiations and Legal Obligations by Ian Bloemendal (Queensland
Law Society CLE) (June 2003)
Pre-Contractual
Reliance by Lucian Bebchuk and Ombi Ben-Shahar (Michigan
Law & Economics Discussion Papers) (2000)
Promissory Estoppel and the Protection of Interpersonal Trust by John J Chung (July 2008) (Roger Williams Univ Legal Studies Papers) (ssrn.com)
Quantum
Meruit!: The Rights of the Discharged Contingent Fee Lawyer
by Charles F Luce, Jr (Moye, Giles, O'Keefe, Vermeire &
Gorrell) (1997)
Rationalising
restitutionary damages in contract law - An elusive or illusory
quest? by Andrew Phang and Lee Pey Woan (2001) (Jour
Contract Law)
Recovering
Value Transferred Under an Illegal Contract by Peter Birks
(abstract only) (Theor Inq in Law) (January 2000)
Reliance,
conscience and the new equitable estoppel by Andrew Robertson
(review of Spence, Protecting Reliance) (Melbourne
Univ Law Rev) (2000)
Reliance,
promissory estoppel and culpa in contrahendo: a comparative
analysis by Gunther Kühne
Remarks
on the manner in which Articles 7.3.5 and 7.3.6 of the UNIDROIT
Principles compare with Articles 81 and 82 of the CISG
by Florian Mohs (January 2004)
Restitution
and Contract: Non-Cumul? by Jack Beatson (abstract only)
(Theor Inq in Law) (January 2000)
Restitution
of Profits Gained by Party in Breach of Contract by Daniel
Friedmann (Law Quarterly Rev) (1988) (also here)
Restitutionary
damages for breach of contract: An exercise in private law
theory by Hanoch Dagan (Theor Inq in Law) (2000)
Restitutionary Disgorgement as a Moral Compass for Breach of Contract by Caprice L Roberts (ssrn.com) (August 2008)
Restitution
for a Total Failure of Consideration: When a Total Failure
is not a Total Failure by James Edelman (Newcastle
Law Rev) (1996) Restitution,
Rectification, and Mitigation: Negligent Solicitors and Wills,
Again by Eoin O'Dell (abstract
only) (Modern Law Rev) (May 2003)
Restitutionary
Developments under Part VI, Malaysian Contracts Act 1950
by Cheong May Fong (abstract only) (Australian Jour of
Asian Law) (2005)
Rethinking the Special Equity Rule for Wives: Post Garcia, Quo Vadis, Where to From Here? by Charles Chew (Bond Law Rev) (2008)
Roman
Law in Britain by Robin Evans-Jones (Roman
Law Resources) (2000) (also here
)
Salvaging
Historic Shipwrecks by Paul Hallwood and Thomas J Miceli
(Univ of Connecticut Department of Economics Working Paper
Series) (January 2004)
Spangaro
v. Corporate Investment Australia Funds Management Ltd:
Failure of consideration (failure of basis) as a claim in
unjust enrichment by Jonathon Moore (Melbourne Univ
Law Rev) (2005) Squaring
undisclosed agency law with contract theory by Randy E
Barnett (California Law Rev) (also here)
(1987)
Statutory Unconscionability and Guarantees by Janine Pascoe (Bond Law Rev) (2006) 
Sub-bailment
on terms: circumventing privity of contract by Gillian
Bristow (National Law Rev) (1999)
Taming
the unruly horse! Contractual illegality and public policy:
Fitzgerald v FJ Leonhardt Pty Ltd by Jay Forder
(High Court
Rev) (1997)
The Assessment of Gain-Based Damages for Breach of Contract by Ralph Cunnington (abstract only) (Modern Law Rev) (ssrn.com) (2008)
The
case for punitive damages in contracts by William S Dodge
(Duke Law
Jour) (1999) The
Duty of Good Faith and Fair Dealing in Commercial Contracts
in Massachusetts by Tory A Weigand (Massachusetts
Law Review) (Spring 2004)
The
Duty To Negotiate In Good Faith And The Enforceability Of
Short-Term Nautral Gas Clauses In Production Sharing Agreements
by R Doak Bishop (CEPMLP
Internet Jour) (2000)
The
Essence Of Punctuality: Termination Of Contracts For The Sale
Of Land For Late Performance And Relief In Equity by C
J Rossiter (Univ of NSW Law Jour) (2001)
The
Five Most Important Issues in Lien Law Today by Duncan
W Glaholt (Glaholt) (1999)
The
Law and Economics of Preliminary Agreements by Alan Schwartz
and Robert E Scott (ssrn.com) (March 2006)
The
law of contract in the new millennium by Jim Davis
The
Law Of Salvage by Newell D Smith (1994)
The Principle
of Unjust Enrichment and Formation of Contract: The Importance
of a Hidden Policy Factor by Jan M Smits (European
Rev of Private Law) (also at ssrn)
(July 2006)
The
Remedy of Avoidance under the Vienna Convention on the International
Sale of Goods by Anna Kazimierska (1999)
The Restitutionary and Economic analyses of Salvage Law by Catherine Swan (Australian and New Zealand Maritime Law Jour) (2009) 
The Role of Disgorgement in Contract Law by Peter Siegelman and Steven Thel (Fordham Law Legal Studies Research Papers) (ssrn.com) (March 2009)  The Treatment of Suretyships in the EU: Unhappy Families? by Eoin O'Dell (cearta.ie) (March 2007)
The Triumph of Equity: Equitable Estoppel in Modern Litigation by T Leigh Anenson (Review of Litigation) (ssrn.com) (2008)
The
Yoking Of Unconscionability And Unjust Enrichment In Australia
by James McConvill and Mirko Bagaric (Deakin Law Rev)
(2002)
Unconscionable: Financial Exploitation of Elderly Persons with Dementia by Matthew A Christiansen (Marquette Elder's Advisor) (ssrn.com) (2008) 
Unconscionability
Breaks New Ground – Avoiding and Litigating Unfair Client
Conduct After the ACCC Test Cases and Financial Services Reforms
by Bryan Horrigan (Deakin Law Rev) (2002)
Unconscionability
in equity and under the Trade Practices Act 1974 by Ian
Beale (National Law Rev) (also here)
( here
and here)
(1999)
Unconscionability in estoppel: Triable issue or foundational principle? by the Hon Justice K R Handley AO (QUT Law and Justice Journal) (September 2007)
'Unfair'
results and unfair doctrines: Structuring the application
of the equitable doctrines of undue influence and unconscionable
dealing by Andrew N Sykes (Murdoch Univ Electronic
Jour of Law) (2006)
When
is enrichment unjust? Restitution visits an onyx bathroom
by Doug Rendleman (Loyola of Los Angeles Law Rev)
(2003)
Wife
may be on hook for co-signing loan by Bob Aaron (Toronto
Star) (June 2001)
Wives,
business debts and guarantees by Janine Pascoe (Bond
Law Rev) (1997)
Women
who guarantee company debts: wife or director? by Janine
Pascoe (Deakin Law Rev) (2003) Women's
Guarantees and 'All Moneys' Clauses by Janine Pascoe (QUT
Law and Justice Jour) (2004)
Written
contract alternatives by Mark Hinkston (Wisconsin Lawyer)
(2000)
You Do Have to Keep Your Promises: A Disgorgement Theory of Contract Remedies by Steven Thel and Peter Siegelman (William & Mary Law Rev) (ssrn)
(2010)

|