Kit Barker

University of Queensland - TC Beirne School of Law

Professor

4072 Brisbane, Queensland

Australia

http://www.law.uq.edu.au/

SCHOLARLY PAPERS

32

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Scholarly Papers (32)

1.

Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and its Reasons

UNDERSTANDING UNJUST ENRICHMENT, Oxford, Hart Publishing, J. Neyers, M. McInnes, S. Pitel, eds., pp 79-110, 2004, University of Queensland TC Beirne School of Law Research Paper No. 08-09
Number of pages: 29 Posted: 04 Sep 2008 Last Revised: 02 Oct 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 792 (33,451)
Citation 1

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unjust enrichment, restitution, legal reasoning

2.

Negligent Misstatement in Australia - Resolving the Uncertain Legacy of Esanda: Chapter 13

Ch 13 in K. Barker, W Swain and R Grantham (eds), The Law of Misstatements (Oxford, Hart Publishing , 2015) pp 319-344, University of Queensland TC Beirne School of Law Research Paper
Number of pages: 30 Posted: 01 Feb 2016
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 633 (45,298)

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negligence, misstatement, misrepresentation, hedley byrne, advice, auditor, solicitor, financial advice

3.

Economic Loss and the Duty of Care: A Study in the Exercise of Legal Justification

Ch 8 in C Rickett (ed) JUSTIFYING PRIVATE LAW REMEDIES, (Hart Publishing, Oxford, 2008) pp 173-203., University of Queensland TC Beirne School of Law Research Paper No. 09-02
Number of pages: 33 Posted: 05 Jan 2009 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 412 (77,515)

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Negligence, Duty of Care, Economic Loss

4.

Responsibility for Gain: Unjust Factors or Absence of Legal Ground? Starting Points in Unjust Enrichment Law

STRUCTURE AND JUSTIFICATION IN PRIVATE LAW, R. Grantham, C. Rickett, eds., pp. 44-74, Oxford, Hart, 2008
Number of pages: 39 Posted: 01 May 2009
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 403 (79,466)

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Unjust Enrichment, Restitution, Responsibility, Absence of Basis

5.

Riddles, Remedies and Restitution: Quantifying Gain in Unjust Enrichment Law

CURRENT LEGAL PROBLEMS, Freeman MA, ed. Vol. 54, pp. 255-305, Oxford University Press, 2001, University of Queensland TC Beirne School of Law Research Paper No. 08-02
Number of pages: 34 Posted: 27 May 2008 Last Revised: 15 Jun 2012
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 332 (99,170)

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Restitution,Unjust Enrichment,Quantification, Damages, Remoteness of Gain, Valuation, Enrichment

6.

Hedley Byrne v Heller: Issues for the Twenty-First Century

in K Barker, R Grantham & W Swain (eds) The Law of Misstatements: 50 years on From Hedley Byrne v Heller (Oxford, Hart Publishing, 2015) 3-26 , University of Queensland TC Beirne School of Law Research Paper
Number of pages: 30 Posted: 16 Oct 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 251 (133,686)

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Negligence, Misstatement, Misrepresentation, Negligent Misstatement, Advice, Advisor

7.

Bona Fide Purchase as a Defence to Unjust Enrichment Claims: A Concise Restatement

Restitution Law Review, Vol. 7, pp. 75-91, 1999
Number of pages: 26 Posted: 13 Oct 2011
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 247 (135,871)

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restitution, bona fide purchase, unjust enrichment, change of position

8.

Relational Economic Loss and Indeterminacy: The Search for Rational Limits

TORTS IN COMMERCIAL LAW, Chapter 9, pp 163-194, Degeling, Edelman, Goudkamp, eds., Lawbook Co, 2011. This chapter is made available via SSRN by kind permission of Thomson Reuters. , University of Queensland TC Beirne School of Law Research Paper No. 12-7
Number of pages: 32 Posted: 23 May 2012 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 197 (168,568)

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Economic Loss, Tort, Indeterminacy, Indeterminate Liability, Rights Theory, Buncefield, Colourquest

9.

Damages Without Loss - Can Hohfeld Help?

A later version of this paper will appear in the Oxford Journal of Legal Studies (Forthcoming), University of Queensland TC Beirne School of Law Research Paper No. 13-09
Number of pages: 23 Posted: 29 Oct 2013 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 170 (192,183)
Citation 2

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user fee, license fee, damages, compensation, mesne profits, conversion, Hohfeld, Bunnings

10.

Private and Public: The Meaning of Vindication in Private Law

A re-titled version of this paper has now been published under the title of "Private and Public: The Mixed Concept of Vindication in Torts and Private Law" in S. Pitel, J. Neyers and E Chamberlain (eds), Tort Law: Challenging Orthodoxy (Hart, Oxford, 2013) p 59, University of Queensland TC Beirne School of Law Research Paper No. 13-03
Number of pages: 26 Posted: 26 Jun 2012 Last Revised: 16 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 155 (207,901)

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Vindication, vindicate, rights, tort law, false imprisonment, Lumba

11.

Centripetal Force: The Law of Unjust Enrichment Restated in England and Wales

This is a prepublication version of the article later published in (2014) 34 Oxford Journal of Legal Studies 155-179 , University of Queensland TC Beirne School of Law Research Paper No. 13-06
Number of pages: 20 Posted: 01 Aug 2013 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 120 (254,400)
Citation 1

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Unjust Enrichment, Restitution, Restatement, Codification, Code, Legal Realism, Burrows

12.

Coping with Failure? Re-Appraising Pre-Contractual Remuneration

Journal of Contract Law, Vol. 19, pp. 105-133, 2003 , University of Queensland TC Beirne School of Law Research Paper No. 11-11
Number of pages: 26 Posted: 28 Sep 2011 Last Revised: 08 Aug 2018
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 116 (260,712)
Citation 1

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Quantum Meruit, Remuneration, Incomplete Contracts, Restitution

Private Law: Key Encounters with Public Law

Ch 1 in K Barker and D Jensen, Private Law: Key Encounters with Public Law (Cambridge, CUP, 2013) pp 3-41
Number of pages: 31 Posted: 06 Sep 2016 Last Revised: 16 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 106 (279,389)

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Private Law: Key Encounters with Public Law

Cambridge University Press (2014)
Posted: 13 Oct 2015
Kit Barker and Darryn Michael Jensen
University of Queensland - TC Beirne School of Law and University of Queensland

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Private Law, Public Law

14.

Unjust Enrichment in Australia: Whats Is(n't) it? Implications for Legal Reasoning and Practice

(2020) 43 (3) MULR (advance copy)
Number of pages: 34 Posted: 20 May 2020
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 97 (294,770)

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15.

After Change of Position: Good Faith Exchange in the Modern Law of Restitution

LAUNDERING AND TRACING, pp. 191-215, Ch 7 in Birks, ed., Oxford, Clarendon, 1995
Number of pages: 21 Posted: 24 May 2012 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 95 (298,797)

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16.

Public Authority Liability for Negligence in the Post-IPP Era: Sceptical Reflections on the 'Policy Defence'

Melbourne University Law Review, Vol. 40, No. 1, 2016
Number of pages: 45 Posted: 15 Sep 2016
Justine Bell and Kit Barker
The University of Queensland - T.C. Beirne School of Law and University of Queensland - TC Beirne School of Law
Downloads 86 (318,144)

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Tort, Public Law, Negligence, IPP Review, Policy Decisions, Civil Liability Act

17.

Private Law As a Complex System - Agendas for the Twenty-First Century

in K. Barker, K Fairweather, R Grantham (eds) Private Law in the C21st (Oxford, Hart, 2017) 3-28
Number of pages: 29 Posted: 12 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 83 (325,127)
Citation 1

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private law, reform, complexity, complex, statutes, civil litigation

18.

Analytical Philosophy and Private Law: The Modern Value of Wesley Newcomb Hohfeld

Number of pages: 23 Posted: 25 Jan 2017 Last Revised: 23 Jun 2018
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 77 (339,877)

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Hohfeld, Civil Recourse Theory, Rights, Private Law

19.

Modelling Public and Private Enforcement: The Rationality of Hybridity

University of Queensland Law Journal, Forthcoming
Number of pages: 16 Posted: 24 Jun 2018 Last Revised: 03 Dec 2018
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 66 (369,865)

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Private Law, Public Law, Competition Law, Enforcement

20.

Unfamiliar Waters: Negligent Advocates, Egregious Errors and Lost Chances of Acquittal

University of Queensland Law Journal, Vol. 24, No. 2, pp. 469-479, 2005, University of Queensland TC Beirne School of Law Research Paper No. 08-19
Number of pages: 18 Posted: 16 Nov 2008
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 60 (388,132)

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Negligence, Advocate, Causation, Wrongful Conviction, Loss of Chance

21.

Public Power, Discretion and the Duty of Care

Chapter 9 in: K Barker, S Degeling, K Fairweather and R Grantham, 'Private Law and Power' (Hart, Oxford, 2017), 207-238
Number of pages: 20 Posted: 02 Aug 2017 Last Revised: 14 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 50 (422,267)

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Negligence, Public Authority Liability, Power, Discretion, Duty of Care, Hoheld

22.

Drifting Towards Proportionate Liability: Ethics and Pragmatics

(2015) 74 Cambridge Law Journal 49
Number of pages: 21 Posted: 01 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 50 (422,267)

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proportionate liability, joint and several liability, contributory negligence, comparative negligence

23.

The Dynamics of Private Law and Power

Chapter 1 in: K Barker, S Degeling, K Fairweather and R Grantham (eds) Private Law and Power (Hart, Oxford, 2017) 3-28.
Number of pages: 23 Posted: 02 Aug 2017 Last Revised: 14 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 48 (429,649)

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Power, Private Law, Public Liability, Institutional Power, Abuse of Power

24.

Theorising Unjust Enrichment Law: Being Realist(ic)?

Oxford Journal of Legal Studies, Vol. 26, Issue 3, pp. 609-626, 2006
Number of pages: 15 Posted: 29 Feb 2008 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 43 (449,123)

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unjust enrichment, restitution, Dagan, Weinrib, corrective justice

25.

Apportionment in Private Law: Nothing, All, or Something in Between?

in K Barker and R Grantham (eds) Apportionment in Private Law (Oxford, Hart Publishing, 2019) pp 1-33
Number of pages: 24 Posted: 24 Jul 2019
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 34 (488,480)

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apportinment, contributory negligence, proportionate liability, contribution, joint liability, several liability

26.

Rescuing Remedialism in Unjust Enrichment Law: Why Remedies are Right

(1998) 57 Cambridge Law Journal 301-327, University of Queensland TC Beirne School of Law Research Paper Forthcoming
Number of pages: 23 Posted: 16 Mar 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 32 (498,217)

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unjust enrichment, restitution, remedy, right

27.

The Nature of Responsibility for Gain

pp.146-180 Ch.6 "Philosophical Foundations of the Law of Unjust Enrichment" edited by Chambers, R., Mitchell, C.& Penner, J. (2009). By permission of Oxford University Press. , University of Queensland TC Beirne School of Law Research Paper No. 11-13
Number of pages: 21 Posted: 18 Oct 2011 Last Revised: 14 Oct 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 31 (503,054)

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Unjust Enrichment, Philosophy, Corrective Justice, Responsibility, Restitution

28.

Private Law and Grave Historical Unjustice: The Role of the Common Law

41 Monash University Law Review 377-413, 2015
Number of pages: 37 Posted: 16 Mar 2020
Simone Degeling and Kit Barker
University of New South Wales, Australia - Faculty of Law and University of Queensland - TC Beirne School of Law
Downloads 27 (524,583)

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Private Law, Remedies Corrective Justice, Reparation, Compensation, Restitution, Grave Historical Injustice

29.

Restitution Regional Digest – Australia 2017-18

(2018) 26 Restitution Law Review 85-121
Posted: 20 May 2020
Kit Barker and Samuel Walpole
University of Queensland - TC Beirne School of Law and TC Beirne School of Law

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restitution, unjust enrichment, Australia

30.

Restitution Regional Digest – Australia 2016

(2016) 24 Restitution Law Review 185-211
Posted: 20 May 2020
Kit Barker and Samuel Walpole
University of Queensland - TC Beirne School of Law and TC Beirne School of Law

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restitution, unjust enrichment, Australia

31.

Apportionment in Private Law

Apportionment in Private Law, Oxford, Hart Publishing, 2018.
Posted: 26 Dec 2018
Kit Barker and Ross B. Grantham
University of Queensland - TC Beirne School of Law and The University of Queensland - T.C. Beirne School of Law

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Damages, Apportionment, Proportionate Liability, Vicarious Liability, Contribution, Restitution, Shared Responsibility, Distributive Justice, Corrective Justice

32.

The Law of Misstatements: 50 Years on from Hedley Byrne v Heller

K Barker, R Grantham, W Swain (eds), The Law of Misstatements: 50 Years on from Hedley Byrne v Heller (Hart, Oxford 2015), University of Queensland TC Beirne School of Law Research Paper
Posted: 09 Sep 2015 Last Revised: 12 Oct 2017
Kit Barker, Ross B. Grantham and Warren Swain
University of Queensland - TC Beirne School of Law, The University of Queensland - T.C. Beirne School of Law and The University of Queensland - T.C. Beirne School of Law

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