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Author: Elise Bant
Publisher: Edward Elgar Publishing
Published: 2020-07-31
Total Pages: 544
ISBN-13: 1788114264
DOWNLOAD EBOOKThis comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Author: Roger Halson
Publisher: Edward Elgar Publishing
Published:
Total Pages: 544
ISBN-13: 1786431270
DOWNLOAD EBOOKp.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
Author: Kit Barker
Publisher: Butterworth-Heinemann
Published: 2008
Total Pages: 627
ISBN-13: 9780409323078
DOWNLOAD EBOOKThe objective of this book is to enable both practitioners and students to gain a full understanding of the law of restitution and its place in the wider law of civil obligations. To this end, the book contains extracts from important cases as well as extracts from the writings of leading scholars. Explanatory text, notes and questions accompany the extracts which provide a stimulating and insightful guide that will leave readers with a thorough doctrinal and practical understanding of the law of restitution. This work is exceptional in two ways. The first, unlike many similar books, this work offers the reader a coherent theoretical structure within which to study and understand the materials. The second is the extensive commentary that accompanies the materials. The analysis included in this work is deep and thorough and includes a range of questions that will challenge the reader. The book is both a textbook and a collection of primary materials.
Author: Ward Farnsworth
Publisher: University of Chicago Press
Published: 2014-10-14
Total Pages: 189
ISBN-13: 022614433X
DOWNLOAD EBOOKRestitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Author: Andrew Lodder
Publisher: Bloomsbury Publishing
Published: 2012-07-06
Total Pages: 276
ISBN-13: 1847319726
DOWNLOAD EBOOKEnrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Author: Andrew V. M. Lodder
Publisher:
Published: 2012
Total Pages: 248
ISBN-13: 9781472561190
DOWNLOAD EBOOKAuthor: Lionel Smith
Publisher: Routledge
Published: 2020-11-25
Total Pages: 590
ISBN-13: 1000113949
DOWNLOAD EBOOKThis title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.
Author: Andrew S. Burrows
Publisher:
Published: 2007
Total Pages: 1101
ISBN-13: 0199296510
DOWNLOAD EBOOKWritten by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.
Author: Robert Goff Baron Goff of Chieveley
Publisher:
Published: 1998
Total Pages: 912
ISBN-13: 9780421719804
DOWNLOAD EBOOKAuthor: Jason W. Neyers
Publisher: Bloomsbury Publishing
Published: 2004-04-20
Total Pages: 430
ISBN-13: 1847316905
DOWNLOAD EBOOKThis book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
