The Principles Of The Law Of Restitution

Author : Graham Virgo
Publisher : Clarendon Press
Page : 892 pages
File Size : 42,6 Mb
Release : 1999
Category : Law
ISBN : 0198763778

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The Principles of the Law of Restitution by Graham Virgo Pdf

This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.

Author : Graham Virgo
Publisher : Oxford University Press, USA
Page : 815 pages
File Size : 48,6 Mb
Release : 2015
Category : Law
ISBN : 9780198726388

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The Principles of the Law of Restitution by Graham Virgo Pdf

Includes bibliographical references (pages 745-759) and index.

Author : Hang Wu Tang
Publisher : Unknown
Page : 477 pages
File Size : 40,5 Mb
Release : 2019
Category : Restitution
ISBN : 981142036X

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Principles of the Law of Restitution in Singapore by Hang Wu Tang Pdf

"The law of restitution is a major branch of private law which is not well understood. This is the first book dedicated to the law of restitution in Snigapore providing an analysis of the principles of the law of restitution with reference to two distinct parts, namely, unjust enrichment and restitution for wrongs. The prevention of unjust enrichment as an independent legal principle, capable of founding causes of action, gained currency as an independent branch of the common law in Singapore only in the 1990s. This book introduces readers to the central concepts and controversies in the law of restitution, focusing on unjust enrichment and restitution for wrongs as organising themes. Leading decisions in Singapore and other Commonwealth jurisdictions are used to explain the fundamental concepts in the law of restitution" -- Back cover.

Author : Graham Virgo
Publisher : Clarendon Press
Page : 800 pages
File Size : 42,7 Mb
Release : 1999
Category : Restitution
ISBN : 019876376X

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Principles of the Law of Restitution by Graham Virgo Pdf

This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles havein fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned withthe question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There arethree such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book should beinvaluable to students on restitution courses at every level.

Author : Peter Birks
Publisher : Oxford University Press
Page : 506 pages
File Size : 53,7 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.

Author : Andrew S. Burrows
Publisher : Oxford University Press
Page : 789 pages
File Size : 44,8 Mb
Release : 2011
Category : Law
ISBN : 9780199296521

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The Law of Restitution by Andrew S. Burrows Pdf

This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704

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

Author : Borzu Sabahi
Publisher : OUP Oxford
Page : 280 pages
File Size : 49,9 Mb
Release : 2011-06-30
Category : Law
ISBN : 9780191021589

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Compensation and Restitution in Investor-State Arbitration by Borzu Sabahi Pdf

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Author : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 42,8 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 : Ward Farnsworth
Publisher : University of Chicago Press
Page : 189 pages
File Size : 41,7 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 : Tang Hang Wu
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1112412829

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Principles of the Law of Restitution in Singapore by Tang Hang Wu Pdf

Author : Ian Jackman
Publisher : Unknown
Page : 226 pages
File Size : 52,7 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.

Author : Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher : Unknown
Page : 1101 pages
File Size : 53,9 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 : Robert Goff Baron Goff of Chieveley,Gareth H. Jones,Gareth Jones
Publisher : Thomson Professional Pub Cn
Page : 912 pages
File Size : 52,9 Mb
Release : 1998
Category : Law
ISBN : 0421608005

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

The law of restitution relates to all claims, quasi-contractural or otherwise, which are founded upon the principle of unjust enrichment. This edition brings the book fully up to date and includes two new chapters on restitution and EU law and conflict of laws.

Author : Irini A. Stamatoudi
Publisher : Edward Elgar Publishing
Page : 417 pages
File Size : 51,6 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9780857930309

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Cultural Property Law and Restitution by Irini A. Stamatoudi Pdf

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.