Download or read book The Restatement Third Restitution and Unjust Enrichment written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Download or read book Rights Restitution and Risk written by Judith Jarvis Thomson and published by Harvard University Press. This book was released on 1986 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts. In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?
Download or read book Essays on Restitution written by Paul D. Finn and published by Lawbook Company. This book was released on 1990 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A literature of restitution written by Jeannette Baxter and published by Manchester University Press. This book was released on 2015-11-01 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the crucial question of ‘restitution’ in the work of W. G. Sebald. Written by leading scholars from a range of disciplines, with a foreword by his English translator Anthea Bell, the essays collected in this volume place Sebald’s oeuvre within the broader context of European culture in order to better understand his engagement with the ethics of aesthetics. Whilst opening up his work to a range of under-explored areas including dissident surrealism, Anglo-Irish relations, contemporary performance practices and the writings of H. G. Adler, the volume notably returns to the original German texts. The recurring themes identified in the essays – from Sebald’s carefully calibrated syntax to his self-consciousness about ‘genre’, from his interest in liminal spaces to his literal and metaphorical preoccupation with blindness and vision – all suggest that the ‘attempt at restitution’ constitutes the very essence of Sebald’s understanding of literature.
Download or read book Understanding the Law of Obligations written by Andrew Burrows and published by Bloomsbury Publishing. This book was released on 2000-11-15 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
Download or read book Restitution Past Present and Future written by William Cornish and published by Hart Publishing. This book was released on 1998-06-19 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Download or read book The Use and Abuse of Unjust Enrichment written by J. Beatson and published by Oxford University Press on Demand. This book was released on 1991 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion. This is therefore anappropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on many of its most keenly disputed controversies. For this collection the author has chosen a number of previouslypublished and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central to the law of restitution.
Download or read book Essays on the Law of Restitution written by Andrew S. Burrows and published by Oxford University Press, USA. This book was released on 1991 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Goff and Jones published The Law of Restitution in 1966, they can justifiably be said to have "created" a new legal subject, for they convincingly showed that a mass of cases drawn from apparently disparate areas were best understood and explained as applications of an underlying and unifying principle of reversing unjust enrichment. This book contributes to the ongoing fight for the recognition, development, and correct application of the law of restitution.
Download or read book Landmark Cases in the Law of Restitution written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2006-04-18 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Download or read book Holocaust Restitution written by Michael J. Bazyler and published by NYU Press. This book was released on 2006 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement. From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution. Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Robbery and Restitution written by United States Holocaust Memorial Museum and published by Berghahn Books. This book was released on 2007 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by OUP Oxford. This book was released on 2015-08-13 with total page 1055 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
Download or read book Select Essays in Anglo American Legal History written by Association of American Law Schools and published by . This book was released on 1907 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Museums and Restitution written by Louise Tythacott and published by Routledge. This book was released on 2016-04-22 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines contemporary approaches to restitution from the perspective of museums. It focuses on the ways in which these institutions have been addressing the subject at a regional, national and international level. In particular, it explores contemporary practices and recent claims, and investigates to what extent the question of restitution as an issue of ownership is still at large, or whether museums have found additional ways to conceptualise and practice restitution, by thinking beyond the issue of ownership. The challenges, benefits and drawbacks of recent and current museum practice are explored. At the same time, the book discusses how these museum practices are received , and informed, by source communities, institutional and governmental agendas and visitors' expectations in order to explore issues of authority, collaboration and shared or conflicting values between the different communities involved in the process. This important book will contribute to the developing body of literature that academics, professionals, policy makers and students can refer to in order to understand how restitution has been negotiated, 'materialised', practiced and evaluated within museums.
Download or read book Mapping the Law written by Peter Birks and published by Oxford University Press on Demand. This book was released on 2006 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations lawis legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to PeterBirks' work.
Download or read book Restitution written by Ward Farnsworth and published by University of Chicago Press. This book was released on 2014-10-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution 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.
