Understanding Unjust Enrichment

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 44,8 Mb
Release : 2004-04-20
Category : Law
ISBN : 9781847310972

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

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 55,6 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.

Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704

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

Author : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 48,5 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 : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 48,6 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 : Peter Birks
Publisher : OUP Oxford
Page : 360 pages
File Size : 43,7 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 : Andrew V. M. Lodder
Publisher : Unknown
Page : 248 pages
File Size : 55,8 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 : Charlie Webb
Publisher : Oxford University Press
Page : 273 pages
File Size : 45,8 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 : Kit Barker,Ross Bruce Grantham
Publisher : Unknown
Page : 128 pages
File Size : 45,9 Mb
Release : 2013
Category : Unjust enrichment
ISBN : 0409344982

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Unjust Enrichment by Kit Barker,Ross Bruce Grantham Pdf

Author : George B. Klippert
Publisher : Unknown
Page : 389 pages
File Size : 46,7 Mb
Release : 1983-01-01
Category : Enrichissement sans cause - Canada
ISBN : 0409842931

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Unjust Enrichment by George B. Klippert Pdf

Author : Peter Birks
Publisher : Victoria University Press
Page : 164 pages
File Size : 47,9 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 : Warren Swain,Sagi Peari
Publisher : Oxford University Press
Page : 401 pages
File Size : 50,7 Mb
Release : 2024-02-29
Category : Law
ISBN : 9780192874146

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Rethinking Unjust Enrichment by Warren Swain,Sagi Peari Pdf

This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

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 : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 42,8 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 : Hanoch Dagan
Publisher : Cambridge University Press
Page : 216 pages
File Size : 45,5 Mb
Release : 1997-09-18
Category : Law
ISBN : 052158468X

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Unjust Enrichment by Hanoch Dagan Pdf

This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.