The yoking of unconscionability and unjust enrichment in Australia

Given problems with, and judicial criticism of, unjust enrichment as a principle, it is necessary and appropriate that unjust enrichment be subsumed by the expanding doctrine of unconscionability - could create a unifying concept which can be applied to achieve justice in a variety of different contexts - triggers for equitable intervention to reverse or adjust transfers of resources on the basis of unconscionability - where there is neither real consent or real consideration - where either variable is absent and it is unclear whether the other is satisfied - approach would inject principle into unconscionability and explain and justify the need for reversing or adjusting the transfer of property or other resources in some circumstances.

Unjustified enrichment : having a friend wearing different hats, who needs enemies?

The decision in the present case is important for enrichment law within the context of the confirmation and application of : (a) the general requirements of an enrichment action; and (b) the quantum rule pertaining to an enrichment claim.

Concepts and principles in unjust enrichment : a comparative study

The Thesis was inspired by a perceived need better to understand the unique description of unjust enrichment by the Australian courts, as a unifying legal concept. It demonstrates that concepts and principles are essential features of the common law because they identify the character and taxonomy of rules. The comparative study, encompassing Australian and English law primarily, and law of other jurisdictions, modern and ancient, elucidates the special characteristics of the concepts and principles of Anglo/Australian unjust enrichment and of concepts and principles generally. A like concept has had a place in the common law since its inception under several characterisations. It bears the mark of ancient Roman jurisprudence, but relates to independent principles. The jurisprudence was formed by special characteristics of its history. It is distinct from modern Roman/Dutch law but the doctrinal overtones of its foundational case law reflect the basis of reasoning which in Continental law, is found in the adopted ancient codes. It is this foundation of reasoning and the firm rejection of a normative general principle that makes Anglo/Australian law different in character and jurisprudence from unjust enrichment in USA and Canada. Stifled for centuries by quasi contract misconceptions, the law of unjust enrichment entered the modern law in the 20th C through the seminal judgements of Lord Wright in Fibrosa Spolka Akcyjna v Fairbairn Lawson Coombe Barbour Ltd, and related cases and through the strong judicial and juristic following they inspired. That “…any civilised system of law is bound to provide remedies for … unjust enrichment…” became an imperative across the common law world: it has long held a place in the Roman Dutch jurisdictions of South Africa and Continental Europe. The special character of unjust enrichment in Anglo/Australian law is focussed upon a unique action where-by the law imposes an obligation upon the establishment of a recognised ground. The notion of breach of a primary rule does not arise: the obligation is therefore a primary obligation imposed by law, as distinct from a remedy for a breach. Important consequences flow from the characteristic. The juristic development of unjust enrichment in the common law has long been the sole prerogative of the superior courts. The place of historical features of the jurisprudence has however been subsumed by modern judicial methodology that is slowly assuming a unifying pattern of reasoning from case to case; from one ground to another. This is the special characteristic of the unifying legal concept and English principle of unjust enrichment. The thesis draws widely based conclusions about concepts and principles of unjust enrichment and the actions and obligations they sponsor. It portrays them as the substance of legal reasoning and analyses underlying theory. to this end, it addresses counter juristic and historical arguments. Its central conclusion are that there are sound jurisprudential arguments for actions based upon a unifying legal concept and English principle of unjust enrichment, and that the explanation of the unjust enrichment concept as the foundation of an independent branch of the common law and taxonomy is theoretically sustainable. In this manner concepts and principles of the common law are demonstrated as critical characteristics of the common law at large.

Self-assembly and film stability of a micelle of a single-chain quaternary ammonium amphiphile containing azobenzene on mica

The self-assembling behavior of a single-chain quaternary ammonium amphiphile bearing azobenzene (C₁₂AzoC₆N⁺) on freshly cleaved mica sheet has been investigated by atomic force microscopy (AFM) method. Confocal microscopic Raman spectra confirm the adsorption of the self-assembled monolayer structure. Ex-situ AFM reveals that C₁₂AzoC₆N⁺ forms branch-like stripes indicating the fusion and reorganization of the micelles during drying in air as the in-situ AFM has revealed that surfactant forms spherical micelles on the mica surface. The nano-sized surface structure is strongly dependent on the change of molecular structure, which resulted from photo-induced isomerization. The nano-sized stripe is quite stable even being annealed at 90 °C for 4 h.

Supporting gen Y's engagement, enrichment and entertainment in interactive technologies

This research explored the potential for expansion of the current function, and usage of Interactive Television. The interviews and group discussions assisted in the determination of the theoretical framework for "Interactive Digital Vision", including its inspiration from current technologies to provide an engaging, enriching and intertaining user experience.

Methanesulfonate and p-toluenesulfonate salts of the N-methyl-N-alkylpyrrolidinium and quaternary ammonium cations : novel low cost ionic liquids

The preparation and characterization of a series of novel salts, based on the N-methyl-N-alkylpyrrolidinium or quaternary ammonium organic cations coupled with sulfonate type anions, namely the mesylate (CH₃SO₃⁻) and tosylate (CH₃C₆H₄SO₃⁻) anions are reported. These salts are analogues of the previously described organic cation bis(trifluoromethanesulfonyl)amide (TFSA) salts that form useful ionic liquids of interest in “Green” synthesis. Several of the salts are liquid below 50 °C, e.g. tributylhexylammonium tosylate and ethylmethylpyrrolidinium mesylate and one is liquid at and below room temperature (tributylhexylammonium mesylate). These new salts have a cost advantage over salts of the TFSA⁻, PF₆⁻ and CF₃SO₃⁻ anions. Electrochemical and thermal properties have been investigated. The salts are stable to beyond 100 °C and exhibit electrochemical potential windows of at least ±2 V vs. Ag/Ag+. Some of the salts exhibit multiple crystalline phases below their melting points, potentially indicative of plastic crystal behaviour, whilst others showed more simple solid–liquid behaviour. Many of the salts were found to be glass forming.

Room-temperature molten salts based on the quaternary ammonium ion

The properties of a family of novel quaternary ammonium salts based on the bis(trifluoromethylsulfonyl)imide and triflate anions are reported. Binary phase diagrams for some of their mixtures and their electrochemical windows of stability are also reported. The highest conductivity observed in the pure salt systems at 25 °C was 7 × 10^-4 S cm^-1. An electrochemical window of stability of up to 5 V was measured on graphite electrodes. The effect of salt structure and solvent on conductivity of the salts is also discussed.

Synthesis and properties of ambient temperature molten salts based on the quaternary ammonium ion

The synthesis of 16 tetraalkyl ammonium bis(trifluoromethane sulfonyl) imide salts, (C_nH_2n+1)₄ +N -N (SO₂CF₃)₂ (n = 1, 2, 3, 4),  (C₂H₅)₂(i-C₃H₇)₂ +N -N(SO₂CF₃)₂, (C₂H₅)(CH₃)(i-C₃H₇)₂+N-N(SO₂CF₃)₂, (n-C₇H₁₅)(C₂H₅)i-C₃H₇)₂+N-N(SO₂CF₃)₂ and (C_nH_2n+1)(C_mH_2m+1)₃+N-N(SO₂CF₃)₂ (n = 6,7,8; m = 1, 2, 4) are reported in this paper. Trends in properties of these salts are discussed. The symmetrical tetraalkyl ammonium salts with the bis(trifluoromethyl sulfonyl) imide anion exhibited a lower melting point than that of corresponding ammonium halides. The salts with low symmetry ammonium cations were found to be of generally lower melting point, and many were stable liquids at room temperature. Several of these did not crystallize during cooling below room temperature and exhibited glass transition temperatures in the region of −60 °C∼−80 °C. A comparison of properties between the ammonium imide salts and corresponding trifluoromethane sulfonates is also presented.

Novel alkaline polymer electrolytes based on tetramethyl ammonium hydroxide

In this work, novel alkaline solid polymer electrolytes (SPEs) with tetramethyl ammonium hydroxide (Me₄NOH·xH₂O) have been developed, without addition of any volatile solvent. It was found that some polymers such as poly(sodium acrylate) had good compatibility with Me₄NOH·xH₂O. The polymer-Me₄NOH·xH₂O electrolytes thus prepared in this work appeared to have improved mechanical properties as compared with the pure hydroxide and remained highly conductive in the solid state (10² S cm⁻¹ at ~40 °C). The thermal properties of the alkaline SPEs and the dependence of conductivity on composition and temperature are presented, and the relationships between properties and composition as well as conductivity mechanism for these new systems are discussed.

Measurement of surface forces between mica sheets immersed in aqueous quaternary ammonium ion solutions

Forces between mica surfaces immersed in Me4NBr, Pr4NBr, and Pe4NBr solutions over a wide concentration range are reported (Me = methyl, Pr = propyl, Pe = pentyl). In each case the cation adsorbs quite strongly onto the negatively charged mica surface and determines the double-layer potential. However, this strong adsorption does not cause complete neutralization of the negative lattice charge apparently because of packing constraints due to the large size of these ions. Adsorption of Me4N+ ions gives rise to a short-range (<2 nm) repulsive force similar to that previously observed between bilayers of CTAB and may be due to the residual hydration of these ions. The large rations also, unexpectedly, give rise to short-range repulsive forces but of a somewhat different nature. In this case, the repulsive forces can be explained by assuming that the large adsorbed ions shift the plane of charge a distance of one ion diameter from the mica surface. At all but very high concentrations these larger ions could be displaced from the mica surfaces on forcing them together. No evidence of any “hydrophobic attraction” was observed between surfaces containing these adsorbed ions. Previous studies on coagulation are discussed in the light of our results.

Protic ionic liquids based on phosphonium cations : comparison with ammonium analogues

Novel protic ionic liquids (PILs) based on a tributyl phosphonium cation have been synthesised and characterised, revealing that the phosphonium based ILs show high thermal stability, high ionic conductivity and facile proton reduction compared to the corresponding ammonium based ILs.

Trophic responses to nutrient enrichment in a temperate seagrass food chain

Simple ecological models that predict trophic responses to bottom-up forcing are valuable tools for ecosystem managers. Traditionally, theoretical ecologists have used resource-dependent functional responses to explain the modification of food chains exposed to bottom-up perturbations. These models predict alternating positive, negative and zero responses at each trophic level. More recently, ratio-dependent functional response models that predict proportional increases at each level have challenged this paradigm. The present study tested the predictions of the 2 hypotheses empirically by comparing the relative biomasses of 4 trophic levels of an estuarine seagrass food chain in relatively undisturbed, low-nutrient catchments and ‘developed’ catchments subjected to a prolonged period of nutrient enrichment. We found that nutrient-enriched sites had significantly greater biomass of both epiphytic algae and grazing invertebrates; however, the bottom-up forcing of nutrients was attenuated at higher trophic levels (occupied by juvenile and piscivorous fish), with no significant effect of catchment development. This disconnect in the upward cascade of energy may be due to a number of possible reasons including high levels of diversity and omnivory, trophic subsidy within the system or the strength or nature of perturbations. Although the predictions of both hypotheses failed to hold across all trophic groups, ratio dependence was prevalent at the lower levels of the food chain, which has implications for catchment management.