Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--
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 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 The Structure of Unjust Enrichment written by Dennis Klimchuk and published by . This book was released on 2004 with total page 26 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 written by Lionel Smith and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the central features of the law of restitution for unjust enrichment is, for many commentators, a puzzle. This is the phenomenon of liability without fault. A defendant can come under an obligation to the plaintiff without having done anything wrong. The primary goal of this Article is to provide an explanation of how such obligations can rightly be said to arise. This part of the argument attempts to build on Ernest Weinrib's developed theory of corrective justice, as set out in The Idea of PrivateLaw.' The secondary goal of this Article is to apply this analytical framework so developed to some contested areas of unjust enrichment law to test the fit between the framework and the law. Particular attention will be paid to the difficult cases in which the initial recipient of an enrichment has passed it on to another person, who is now the defendant. These cases have caused difficulty in all legal systems. It will be argued that the common law's solution, properly understood, is consistent with corrective justice. Such remote recipients can be strictly liable, but only to the extent that they still hold an asset in which the plaintiff can establish a proprietary interest.
Download or read book A Restatement of the English Law of Unjust Enrichment written by Andrew S. Burrows and published by Oxford University Press, USA. This book was released on 2012-11-29 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.
Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2024-02-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
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 Unjust Enrichment written by Kit Barker and published by Butterworth-Heinemann. This book was released on 2008 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.
Download or read book Unjust Enrichment written by Nathan Tamblyn and published by Createspace Independent Publishing Platform. This book was released on 2017-04-05 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you pay someone under a contract, and get nothing of what was promised in return; if you give someone a generous gift, but only because they exerted an undue influence over you; if you paid too much tax by mistake - should you get your money back? If the answer is yes, then the mechanism is the law of unjust enrichment, a cause of action in the law of obligations, on a par with tort law and contract law. This book stakes out a modern explanation of the law of unjust enrichment, with a structure that makes the subject readily accessible and navigable.
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 Unjust Enrichment written by Peter Birks and published by Oxford University Press, USA. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book, written by the editor of the Clarendon Law Series, is a tightly structured, clear and concise account of the law of unjust enrichment, and attempts to move away from the usage of obscure terminology inherited from the past.Over the past half-century the law of restitution has made great progress and is now widely accepted as being an indispensible core subject of the common law. However, there is still further progress to be made and this text is the first book in England to switch from restitution to unjustenrichment, and from response to event. It organises modern law around five simple questions: Was the defendent enriched? If so, was it at the claimant's expense? If so, was it unjust? The claimant must then ask what kind of rights he has and the defences he may face.This book provides a concise and stimulating introduction to the subject that will be ideal for students and specialists.
Download or read book The Structure of Unjust Enrichment Law written by Stephen Smith and published by . This book was released on 2015 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay provides a model for distinguishing between court orders that directly enforce primary duties (e.g., to not trespass) and court orders that require defendants to repair the harm caused by failing to perform a primary duty (e.g., to pay compensatory damages), and then applies the model to the case of restitutionary orders (e.g., a court order that the recipient of a mistaken payment pay an equivalent sum to the payor). Drawing upon, on the one hand, theoretical arguments about the nature of law and the moral foundations of duties to repair, and, on the other hand, the nature of restitutionary orders, Professor Smith concludes that restitutionary orders can be either direct enforcement orders or orders to repair - sometimes they are the former, sometimes the latter.
Download or read book The Structure of the English Law of Unjust Enrichment an Inaugural Lecture written by Peter Brian Herrenden Birks and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
