Introduction To The Canadian Law Of Restitution And Unjust Enrichment

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The Canadian Law of Unjust Enrichment and Restitution

Author : Mitchell McInnes
Publisher : Unknown
Page : 1785 pages
File Size : 43,9 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.

The Law of Restitution

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 54,6 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704

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

Understanding Unjust Enrichment

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Hart Publishing
Page : 430 pages
File Size : 55,5 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.

The Law of Restitution

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Aurora, Ont. : Canada Law Book
Page : 128 pages
File Size : 45,9 Mb
Release : 2004
Category : Restitution
ISBN : 0888043929

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

The Law of Restitution in Canada

Author : Lionel D. Smith
Publisher : Unknown
Page : 488 pages
File Size : 46,9 Mb
Release : 2004
Category : Restitution
ISBN : 1552391167

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The Law of Restitution in Canada by Lionel D. Smith Pdf

Restitution and Unjust Enrichment

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 51,6 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.

An Introduction to the Law of Restitution

Author : Peter Birks
Publisher : Oxford University Press
Page : 506 pages
File Size : 40,7 Mb
Release : 1985
Category : Restitution
ISBN : 0198760744

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An Introduction to the Law of Restitution by Peter Birks Pdf

This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.

The Law and Ethics of Restitution

Author : Ḥanokh Dagan
Publisher : Cambridge University Press
Page : 402 pages
File Size : 43,8 Mb
Release : 2004-08-12
Category : Business & Economics
ISBN : 0521829046

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The Law and Ethics of Restitution by Ḥanokh Dagan Pdf

This 2004 book provides acomprehensive account of the American law of restitution.

Defences in Unjust Enrichment

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 51,8 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.

The Restatement Third: Restitution and Unjust Enrichment

Author : Charles Mitchell,William Swadling
Publisher : Bloomsbury Publishing
Page : 338 pages
File Size : 51,8 Mb
Release : 2013-05-09
Category : Law
ISBN : 9781782251361

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The Restatement Third: Restitution and Unjust Enrichment by Charles Mitchell,William Swadling Pdf

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Restitution in Private International Law

Author : George Panagopoulos
Publisher : Hart Publishing
Page : 310 pages
File Size : 49,9 Mb
Release : 2000-11-10
Category : Law
ISBN : 9781841131429

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Restitution in Private International Law by George Panagopoulos Pdf

Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

Unjust Enrichment

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.

The Law of Unjust Enrichment

Author : Robert Goff Baron Goff of Chieveley,Gareth H. Jones
Publisher : Unknown
Page : 1047 pages
File Size : 41,5 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."