Download or read book Mistake and Unjust Enrichment written by George E. Palmer and published by . This book was released on 1963 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Understanding Unjust Enrichment written by Jason W. Neyers and published by Bloomsbury Publishing. This book was released on 2004-04-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.
Download or read book Restitution and Unjust Enrichment written by Andrew Kull and published by Aspen Publishing. This book was released on 2018-10-15 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notes fills that void and presents the substance, remedies and history of restitution in a practical and interesting manner. Professors and students will benefit from: The only casebook available for teaching this important and interesting subject, and the first new one in 50 years. A modern reworking of the topic that adopts the framework of Publication of Restatement Third, Restitution and Unjust Enrichment (2011) (“R3RUE”) for teaching purposes. A complete discussion of Restitution, which is part of the required curriculum for students who receive legal training in other parts of the common-law world. Authorship by leading scholars in the field. Andrew Kull was the sole Reporter for R3RUE, published in two hardcover volumes. Ward Farnsworth is the author of a convenient treatise on Restitution, published by the University of Chicago Press in 2014. He is also co-author of the Wolters Kluwer casebook Torts: Cases and Questions, currently in its second edition.
Download or read book Restatement of the Law Restitution and Unjust Enrichment written by American Law Institute and published by . This book was released on 2000 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Submitted by the Council to the members of the American Law Institute for discussion at the seventy-seventh annual meeting on May 15, 16, 17, and 18, 2000.
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
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.
Download or read book Defences in Unjust Enrichment written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
Download or read book Unjustified Enrichment written by David Johnston and published by Cambridge University Press. This book was released on 2002-04-18 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Cases and Materials on the Law of Restitution written by Andrew S. Burrows and published by . This book was released on 2007 with total page 1101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written 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.
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.
Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-25 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.
Download or read book Restitution in Private International Law written by George Panagopoulos and published by Hart Publishing. This book was released on 2000-11-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.
Download or read book Unjust Enrichment written by Linda Goetz Holmes and published by Stackpole Classics. This book was released on 2017-09-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Download or read book Reason and Restitution written by Charlie Webb and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: While unjust enrichment is often identified as the third major branch of private law alongside contract and tort, there remains uncertainty what this body of law covers and what it's about. This book provides an account of the reasons supporting these claims and how these reasons bear on the law's application and development --
Download or read book Unjust Enrichment and the Law of Contract written by E. Schrage and published by Springer. This book was released on 2001-12-21 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selection of papers read during a conference in Amsterdam on 18-20 October 2000 commemorating Marcel Henri Bregstein (1900-1957).
