Defences In Unjust Enrichment

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 351 pages
File Size : 44,6 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781782256359

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Defences in Unjust Enrichment by Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Pdf

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.

Author : Peter Birks
Publisher : OUP Oxford
Page : 360 pages
File Size : 55,6 Mb
Release : 2005-01-13
Category : Law
ISBN : 9780191018855

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Unjust Enrichment by Peter Birks Pdf

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.

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 47,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704

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The Law of Restitution by Peter D. Maddaugh,John D. McCamus Pdf

Author : David Johnston,Reinhard Zimmermann
Publisher : Cambridge University Press
Page : 802 pages
File Size : 41,8 Mb
Release : 2002-04-18
Category : Law
ISBN : 113943263X

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Unjustified Enrichment by David Johnston,Reinhard Zimmermann Pdf

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.

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Hart Publishing
Page : 430 pages
File Size : 44,9 Mb
Release : 2004-04
Category : Law
ISBN : 9781841134239

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Understanding Unjust Enrichment by Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel Pdf

The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

Author : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 43,8 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781788114264

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Research Handbook on Unjust Enrichment and Restitution by Elise Bant,Kit Barker,Simone Degeling Pdf

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.

Author : Michael Rush
Publisher : Unknown
Page : 263 pages
File Size : 43,9 Mb
Release : 2006
Category : Defense (Civil procedure)
ISBN : 1472559916

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The Defence of Passing on by Michael Rush Pdf

The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America. This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. Put another way, whether awards of restitution are, or should be, restricted by the value of a claimant's loss. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment. Numerous scholarly textbooks and law journals have devoted space to these issues. This work, however, has tended to focus narrowly on either particular cases or sets of issues. This book seeks to address this deficiency by collating, and providing total coverage of, the controversies and questions pertaining to a loss-based defence in the law of unjust enrichment. This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law.

Author : Mitchell McInnes
Publisher : Unknown
Page : 1785 pages
File Size : 41,7 Mb
Release : 2014-03
Category : Unjust enrichment
ISBN : 0433438193

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The Canadian Law of Unjust Enrichment and Restitution by Mitchell McInnes Pdf

"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.

Author : Peter Birks
Publisher : Victoria University Press
Page : 164 pages
File Size : 44,8 Mb
Release : 2002
Category : Law
ISBN : 0864734301

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The Foundations of Unjust Enrichment by Peter Birks Pdf

Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.

Author : Simone Degeling,James Edelman
Publisher : Unknown
Page : 470 pages
File Size : 53,5 Mb
Release : 2008-01-01
Category : Obligations (Law)
ISBN : 0455225044

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Unjust Enrichment in Commercial Law by Simone Degeling,James Edelman Pdf

Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.

Author : Elise Bant
Publisher : Hart Publishing
Page : 302 pages
File Size : 45,5 Mb
Release : 2009-05-27
Category : Law
ISBN : STANFORD:36105134479349

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The Change of Position Defence by Elise Bant Pdf

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 44,8 Mb
Release : 2018-10-24
Category : Law
ISBN : 1543800904

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Restitution and Unjust Enrichment by Andrew Kull,Ward Farnsworth Pdf

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.

Author : Robert Goff Baron Goff of Chieveley,Gareth H. Jones
Publisher : Unknown
Page : 1047 pages
File Size : 40,9 Mb
Release : 2016
Category : Restitution
ISBN : 0414055233

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The Law of Unjust Enrichment by Robert Goff Baron Goff of Chieveley,Gareth H. Jones Pdf

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."

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 49,6 Mb
Release : 2015-02-26
Category : Law
ISBN : 9781782255420

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Defences in Tort by Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Pdf

This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.

Author : Ian Jackman
Publisher : Unknown
Page : 226 pages
File Size : 52,6 Mb
Release : 2017-03-17
Category : Replevin
ISBN : 1760021326

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The Varieties of Restitution by Ian Jackman Pdf

Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.