The Laws of Restitution

Erscheinungsjahr 2023
ISBN: 978-0-19-288502-9
Verlag: Oxford University Press

Buch, Englisch, 482 Seiten, Format (B × H): 179 mm x 252 mm, Gewicht: 1030 g

In The Laws of Restitution, Robert Stevens shows that there is no unified law of restitution or unjust enrichment. Instead, there are seven or eight different kinds of private law claim, depending on how you count them, which have nothing important in common one with another that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. "Restitution" or "unjust enrichment' should cease to be discussed as unified areas of law.

With close attention to caselaw and legislation, the work identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. It explains how the law of restitution relates to, and is bound up with, contract, torts, equity, and property law.

Autoren/Hrsg.

Stevens, Robert

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Handels- und Gesellschaftsrecht Handelsrecht, HGB, Handelsvertreter- und -maklerrecht
• Rechtswissenschaften Bürgerliches Recht Schuldrecht Haftpflichtrecht, Deliktsrecht, Produkthaftungsrecht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht
• Rechtswissenschaften Bürgerliches Recht Sachenrecht

Inhaltsverzeichnis

- Foreword

- Preface

- Part I Introduction

- 1: Summary

- 2: Foundations

- Part II Unjustified Performance

- 3: Performance

- 4: Reversal

- 5: Theory

- 6: Practice

- Part III Conditional Performance

- 7: Conditions

- 8: Contract

- Part IV Intervention in Another's Affairs

- 9: Discharge

- 10: Necessity

- Part V Property and Trusts

- 11: Things

- 12: Equity: General

- 13: Equity: Restitution

- 14: Improvements

- Part VI Wrongdoing

- 15: Wrongs

- 16: Profits

- 17: Damages

- Part VII Countervailing Reasons

- 18: Defences

- 19: Illegality

- Part VIII Apologia

- 20: Conclusion

Über Autor(innen)

Professor Robert Stevens is the Herbert Smith Freehills Professor of English Private Law at the University of Oxford. Previously he was a Professor of commercial law at UCL, a lecturer in law at the University of Oxford, and a Fellow and Tutor in Law at Lady Margaret Hall. He is also a commercial barrister and has published widely on many aspects of private law, always seeking to show how the theory of academic law has practical relevance to the law as found in the courts. He is the author of Torts and Rights (OUP, 2007).