Cases and Materials on the Law of Restitution

2. Auflage 2006
ISBN: 978-0-19-929651-4
Verlag: Oxford University Press

Buch, Englisch, 1100 Seiten, Print PDF, Format (B × H): 170 mm x 245 mm, Gewicht: 1454 g

Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues.

The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as:

BL what is an enrichment?
BL was the enrichment at the claimant's expense?
BL what is the role of tracing?
BL when will proprietary restitution be granted?
BL when does change of position operate as a defence?
BL and does corrective justice underpin this area of the law?

The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject.

This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.

Autoren/Hrsg.

Burrows, Andrew

McKendrick, Ewan

Edelman, James

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Sachenrecht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht

Inhaltsverzeichnis

- 1: Unjust enrichment and competing theories

- 2: The essential ingredients of a claim for restitution of an unjust enrichment

- 3: Mistake

- 4: Ignorance

- 5: Failure of consideration

- 6: Illegitimate pressure

- 7: Undue influence and exploitation of weakneess

- 8: Legal compulsion: compulsory discharge of another's legal liability

- 9: Necessity

- 10: Illegality as a ground for restitution

- 11: Incapacity as a ground for restitution

- 12: Ultra vires demands by public authorities

- 13: Tracing and Proprietary Restitution

- 14: Defences

- 15: Restitution for Wrongs

Über Autor(innen)

Andrew Burrows QC is Professor of the Law of England University of Oxford, Fellow of All Souls College; Honorary Bencher of the Middle Temple; Recorder on the South-Eastern Circuit; and barrister at Fountain Court Chambers, London.

Ewan McKendrick is Professor of English Private Law at the University of Oxford, Fellow of Lady Margaret Hall, and a member of Chambers at 3 Verulam Buildings, Gray's Inn.

James Edelman is a CUF lecturer at the University of Oxford and Fellow of Keble College; Barrister, Western Australia; and Adjunct Professor of Law at the University of Western Australia.