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Download or read book Enrichment in the Law of Unjust Enrichment and Restitution written by Andrew Lodder and published by Bloomsbury Publishing. This book was released on 2012-07-06 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enrichment 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.

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Download or read book Contracting Law written by Amy Hilsman Kastely and published by . This book was released on 2006 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and updated to 2006, the fourth edition of Contracting Law continues the clear explanations of contract doctrine, engaging cases, and thought-provoking cultural and historical materials that have made this casebook a favorite of students and professors. Students and faculty appreciate the fact that no separate statutory supplement is necessary. Selected provisions from the Restatement Second of Contracts and the Uniform Commercial Code are included in the casebook as appendices. The workbook (purchased separately), complete with flow charts, vocabulary lists, problems and structured exercises, helps students understand legal doctrines, case briefing, and synthesis. Students can use the workbook independently or exercises can be used in class discussions. The fourth edition augments the cultural material with notes and questions showing the social contexts for specific contract doctrines. Many sections are shortened and reorganized for ease of use in 3-, 4-, or 5-credit courses. At the same time, UCC coverage is expanded (including both the pre-and post-2003 versions of Article 2) for those courses designed to include sales law. "Contracting Law is an extraordinary breakthrough in contract jurisprudence. The overwhelming majority of my students felt the book was the most useful, comprehensive, and engaging text of their first year." -- Professor Patricia Williams, Columbia University Law School, on the second edition