Kit Barker

University of Queensland - TC Beirne School of Law

Associate Professor

4072 Brisbane, Queensland

Australia

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

SCHOLARLY PAPERS

24

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CITATIONS

1

Scholarly Papers (24)

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 441 (41,221)

Abstract:

unjust enrichment, restitution, legal reasoning

2.

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 324 (69,306)

Abstract:

Unjust Enrichment, Restitution, Responsibility, Absence of Basis

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 297 (67,562)

Abstract:

Negligence, Duty of Care, Economic Loss

4.

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 269 (83,035)

Abstract:

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

5.

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 166 (125,610)

Abstract:

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

6.

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 115 (175,359)

Abstract:

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

7.

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 107 (149,388)

Abstract:

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

8.

The Meaning of Vindication in Private Law: Private and Public

A finalised version of this piece 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 Erika Chamberlain, Tort Law: Challenging Orthodoxy (Hart, Oxford, 2013) p 59, University of Queensland TC Beirne School of Law Research Paper No. 13-03
Posted: 26 Jun 2012 Last Revised: 27 Apr 2016
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 97 (196,805)

Abstract:

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

9.

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 90 (215,621)

Abstract:

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

10.

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: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 78 (230,849)

Abstract:

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
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 54 (324,393)

Abstract:

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

Abstract:

Private Law, Public Law

12.

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 52 (277,692)

Abstract:

13.

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 44 (322,320)

Abstract:

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

14.

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 29 (362,586)

Abstract:

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

15.

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 24 (388,258)

Abstract:

unjust enrichment, restitution, Dagan, Weinrib, corrective justice

16.

The Nature of Responsibility for Gain: Gain, Harm and Keeping the Lid on Pandora's Box

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: 35 Posted: 18 Oct 2011 Last Revised: 21 Apr 2015
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 15 (433,704)

Abstract:

Unjust Enrichment, Philosophy, Corrective Justice, Responsibility, Restitution

17.

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 4 (470,097)
Citation 1

Abstract:

unjust enrichment, restitution, remedy, right

18.

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.
Posted: 02 Aug 2017
Kit Barker
University of Queensland - TC Beirne School of Law

Abstract:

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

19.

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
Posted: 02 Aug 2017
Kit Barker
University of Queensland - TC Beirne School of Law

Abstract:

Negligence, Public Authority Liability, Power, Disretion, Duty of Care

20.

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

Number of pages: 23 Posted: 25 Jan 2017
Kit Barker
University of Queensland - TC Beirne School of Law
Downloads 0 (384,400)

Abstract:

Hohfeld, Civil Recourse Theory, Rights, Private Law

21.

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 0 (359,161)

Abstract:

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

22.

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 0 (247,819)

Abstract:

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

23.

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 0 (230,849)

Abstract:

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

24.

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: 02 Oct 2015
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

Abstract: