The Restatement Third Restitution And Unjust Enrichment

Author : C Mitchell,William Swadling
Publisher : A&C Black
Page : 500 pages
File Size : 47,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251378

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The Restatement Third: Restitution and Unjust Enrichment by C 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.

Author : American Law Institute
Publisher : Unknown
Page : 128 pages
File Size : 41,6 Mb
Release : 1998
Category : Law
ISBN : OCLC:851099163

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Restatement, Third, Restitution and Unjust Enrichment by American Law Institute Pdf

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 : Ward Farnsworth
Publisher : University of Chicago Press
Page : 189 pages
File Size : 50,7 Mb
Release : 2014-10-14
Category : Law
ISBN : 9780226144160

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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. Restitution isn t concerned with rectifying an injury; it s not about losses that one person inflicts on another (those are torts). In some ways restitution is the symmetrical complement to tort law; but despite tort s high profile, its centrality to the popular understanding of what the legal system doesthe companion doctrine of restitution is much neglected in American scholarship. Ward Farnsworth suggests that this relative neglect is due to restitution s reputation as a hodge-podge of leftover doctrines that don t add up to a clear body of knowledge. He intends to provide a readable and compact book that explains the doctrine of restitution in one place, and show how its components relate to one another. Timing is particularly suitable in the wake of the 2011 publication of the American Law Institute s Restatement Third, Restitution and Unjust Enrichment. Farnsworth s book seeks, in effect, to restate the new Restatement in as concise and lively a fashion as the subject matter will permit, thought with a somewhat different organization and a bit more attention to the theory behind the rules. The book starts with a brief essay on the relationship between restitution and other bodies of law, then proceeds to consider, in a chapter apiece, the four major families of liability in restitution (mistakes; conferrings; takings; and failed trades), the two kinds of remedies available at the end of a case (money and equitable), and finally defenses against claims of unjust enrichment."

Author : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 40,8 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 : American Law Institute
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2000
Category : Restitution
ISBN : OCLC:1059798779

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

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 44,7 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
Publisher : Oxford University Press, USA
Page : 213 pages
File Size : 51,5 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780199669905

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A Restatement of the English Law of Unjust Enrichment by Andrew S. Burrows Pdf

This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.

Author : American Law Institute
Publisher : Unknown
Page : 341 pages
File Size : 40,6 Mb
Release : 2000
Category : Restitution
ISBN : OCLC:704407426

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

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 1080 pages
File Size : 49,5 Mb
Release : 2018-10-15
Category : Law
ISBN : 9781543802894

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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 : Anonim
Publisher : Unknown
Page : 196 pages
File Size : 44,7 Mb
Release : 2005
Category : Equitable remedies
ISBN : STANFORD:36105063921014

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Restatement of the Law, Restitution and Unjust Enrichment by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 372 pages
File Size : 50,8 Mb
Release : 2001
Category : Equitable remedies
ISBN : STANFORD:36105063649409

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Restatement of the Law, Restitution and Unjust Enrichment: Intentional transactions (sections 20-26) by Anonim Pdf

Submitted by the Council to the members of the American Law Institute for discussion at the seventy-eighth annual meeting on May 14, 15, 16, and 17, 2001.

Author : Andrew (hon) Burrows FBA
Publisher : OUP Oxford
Page : 216 pages
File Size : 52,9 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780191648748

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A Restatement of the English Law of Unjust Enrichment by Andrew (hon) Burrows FBA Pdf

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

Author : Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher : Unknown
Page : 1101 pages
File Size : 50,7 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 : Andrew S. Burrows
Publisher : Oxford University Press
Page : 789 pages
File Size : 53,8 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.