Enrichment In The Law Of Unjust Enrichment And Restitution

Author : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 51,9 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319715

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Enrichment in the Law of Unjust Enrichment and Restitution by Andrew Lodder Pdf

Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 55,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704

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

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Hart Publishing
Page : 430 pages
File Size : 53,5 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 : 43,6 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 : Mitchell McInnes
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2022
Category : Electronic
ISBN : 0433522739

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Canadian Law of Unjust Enrichment and Restitution by Mitchell McInnes Pdf

Author : Andrew V. M. Lodder
Publisher : Unknown
Page : 248 pages
File Size : 54,6 Mb
Release : 2012
Category : Restitution
ISBN : 1472561198

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Enrichment in the Law of Unjust Enrichment and Restitution by Andrew V. M. Lodder Pdf

Author : David Johnston,Reinhard Zimmermann
Publisher : Cambridge University Press
Page : 802 pages
File Size : 48,9 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 : American Law Institute
Publisher : Unknown
Page : 376 pages
File Size : 46,9 Mb
Release : 2000
Category : Equitable remedies
ISBN : STANFORD:36105060649980

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Restatement of the Law, Restitution and Unjust Enrichment by American Law Institute Pdf

Submitted by the Council to the members of the American Law Institute for discussion at the seventy-seventh annual meeting on May 15, 16, 17, and 18, 2000.

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 48,6 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 : Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher : Unknown
Page : 1101 pages
File Size : 53,6 Mb
Release : 2007
Category : Law
ISBN : 9780199296514

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Cases and Materials on the Law of Restitution by Andrew S. Burrows,Ewan McKendrick,James Edelman Pdf

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

Author : Charlie Webb
Publisher : Oxford University Press
Page : 273 pages
File Size : 54,5 Mb
Release : 2016
Category : Law
ISBN : 9780199653201

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Reason and Restitution by Charlie Webb Pdf

While unjust enrichment is often identified as the third major branch of private law alongside contract and tort, there remains uncertainty what this body of law covers and what it's about. This book provides an account of the reasons supporting these claims and how these reasons bear on the law's application and development --

Author : Peter Birks
Publisher : OUP Oxford
Page : 360 pages
File Size : 43,9 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 : Ward Farnsworth
Publisher : University of Chicago Press
Page : 189 pages
File Size : 41,6 Mb
Release : 2014-10-14
Category : Law
ISBN : 9780226144337

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Restitution by Ward Farnsworth Pdf

Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.

Author : E. J. H. Schrage
Publisher : Unknown
Page : 348 pages
File Size : 45,7 Mb
Release : 1995
Category : Law
ISBN : STANFORD:36105062074252

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Unjust Enrichment by E. J. H. Schrage Pdf

"... to be consulted before any significant legal debate." W. J. Stewart in: Scots Law Times 1995This volume is concerned with the history of the concept of, or of the remedies for, unjust enrichment in the Civil law and the Common law. But this history is radically different in the two systems - different both in the starting point of each system and in the methods by which progress from that starting point was made.What for the Civil law is the starting point is for the Common law the ultimate outcome. The Civil law from its earliest medieval beginnings had before its eyes, at least as a potential unifying principle, the concept of unjust enrichment which it found in the Corpus Iuris, whereas it is only very recently (and outside the chronological scope of this volume) that the Common law has come to accept such a principle.The methods by which the Civil lawyers progressed from their starting point towards the well articulated concepts of the modern law were those of the interpreter and elaborator of texts which had their own unquestioned authority. And their discussions, which were those of the scholar and the school-room, are well documented.For the Common lawyers, on the other hand, the starting point was nothing but the practice of the courts and their methods were those appropriate to that practice. The plaintiff's remedy in a particular case was everything. Moreover, since the practice of the courts until very recent times is very imperfectly evidenced, the course of the development of the Common law is often difficult to trace. The researches contained in this volume show that it is only with benefit of hindsight, and then only to very limited extent, that one can see that development as leading to the recent acceptance of a doctrine of unjust enrichment.

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 47,8 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781782256366

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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.