Structure and Justification in Private Law

Essays for Peter Birks
Erscheinungsjahr 2008
ISBN: 978-1-84113-807-7
Verlag: Bloomsbury 3PL

Buch, Englisch, 492 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 904 g

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example.

Contributors

Kit Barker
Michael Bryan
Peter Butler

Hanoch Dagan
Simone Degeling
Daniel Friedmann
Mark Gergen
Ross Grantham
Steve Hedley

John McCamus
Mitchell McInnes
Eoin O'Dell

Charles Rickett
Struan Scott
Emily Sherwin
Stephen Smith
Richard Sutton
Michael Tilbury
Stephen Waddams
Peter Watts
Ernest Weinrib

Eric Descheemaeker

Autoren/Hrsg.

Rickett, Charles

Grantham, Ross

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Ross Grantham and Charles Rickett: In Memoriam - Professor Peter Birks
2. Ross Grantham and Charles Rickett: Unjust Enrichment - Reason, Place and Content

Part 1 - Why Restitution?

3. Ernest Weinrib: The Normative Structure of Unjust Enrichment
4. Kit Barker: Responsibility for Gain: Unjust Factors or Absence of Legal Ground ? Starting Points in Unjust Enrichment Law

Part 2 - The Place of Unjust Enrichment in the Private Law

5. Mitchell McInnes: Taxonomic Lessons for the Supreme Court of Canada
6. Emily Sherwin: Legal Positivism and the Taxonomy of Private Law
7. Richard Sutton: Restitution and the Discourse of System
8. Hanoch Dagan: Legal Realism and the Taxonomy of Private Law
9. Stephen Waddams: Contract and Unjust Enrichment: Competing Categories, or Complementary Concepts?
10. Daniel Friedmann: The Creation of Entitlements Through the Law of Restitution
11. Steve Hedley: The Shock of the Old: Interpretivism in Obligations

Part 3 - Issues in the Law of Unjust Enrichment

12. Peter Butler: Advance Contractual Payments: Enforcement and Restitution for Failure of Basis
13. Struan Scott: Mistaken Improvers and a Recognisable Law of Unjust Enrichment
14. SimoneDegeling: Understanding Policy Motivated Unjust Factors
15. John McCamus: Restitutionary Liability of Public Authorities in Canada
16. Mark Gergen: Towards Understanding Equitable Estoppel
17. Michael Bryan: Recipient Liability under the Torrens System: Some Category Errors
18. Peter Watts: Birks and Proprietary Claims, with Special Reference to Misrepresentation and to Ultra Vires Contracts
19. Eoin O'Dell: The Resulting Trust
20. Stephen Smith: Rights, Remedies, and Causes of Action
21. Michael Tilbury Remedy as Right

The Published Works of Professor Peter Birks - Eric Descheemaker
Index

Über Autor(innen)

Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law and Head of the TC Beirne School of Law, The University of Queensland.
Ross B Grantham, LLD, BCL, LLM, LLB is Professor of Commercial Law, TC Beirne School of Law, The University of Queensland.