Research Handbook on Unjust Enrichment and Restitution

Research Handbook on Unjust Enrichment and Restitution

Author: Elise Bant

Publisher: Edward Elgar Publishing

Published: 2020-07-31

Total Pages: 544

ISBN-13: 1788114264

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This 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.


Unjustified Enrichment

Unjustified Enrichment

Author: David Johnston

Publisher:

Published: 2005-01-28

Total Pages: 793

ISBN-13: 0511029292

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Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.


The Law of Restitution

The Law of Restitution

Author: Andrew S. Burrows

Publisher: Oxford University Press

Published: 2011

Total Pages: 789

ISBN-13: 0199296529

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This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.


The Law of Unjust Enrichment

The Law of Unjust Enrichment

Author: Robert Goff Baron Goff of Chieveley

Publisher:

Published: 2016

Total Pages: 1047

ISBN-13: 9780414055230

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Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."


The Principles of the Law of Restitution

The Principles of the Law of Restitution

Author: Graham Virgo

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 815

ISBN-13: 0198726384

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This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.


The Oxford Handbook of the New Private Law

The Oxford Handbook of the New Private Law

Author: Andrew S. Gold

Publisher: Oxford University Press, USA

Published: 2020-11-06

Total Pages: 640

ISBN-13: 0190919663

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"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--


Understanding Unjust Enrichment

Understanding Unjust Enrichment

Author: Jason W. Neyers

Publisher: Hart Publishing

Published: 2004-04

Total Pages: 430

ISBN-13: 1841134236

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The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.


General Principles and the Coherence of International Law

General Principles and the Coherence of International Law

Author: Mads Andenas

Publisher: BRILL

Published: 2019-05-20

Total Pages: 474

ISBN-13: 9004390936

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General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.


Disgorgement of Profits

Disgorgement of Profits

Author: Ewoud Hondius

Publisher: Springer

Published: 2015-08-12

Total Pages: 517

ISBN-13: 3319187597

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Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.