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Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 55,9 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704
Author : Linda Goetz Holmes
Publisher : Stackpole Classics
Page : 224 pages
File Size : 54,8 Mb
Release : 2017-09-15
Category : History
ISBN : 0811737063
The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.
Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 452 pages
File Size : 45,6 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781782256366
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 : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 47,9 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319715
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 : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Hart Publishing
Page : 430 pages
File Size : 42,6 Mb
Release : 2004-04
Category : Law
ISBN : 9781841134239
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 : 43,7 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781788114264
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 : Hanoch Dagan
Publisher : Cambridge University Press
Page : 216 pages
File Size : 51,6 Mb
Release : 1997-09-18
Category : Law
ISBN : 052158468X
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.
Author : Peter Birks
Publisher : OUP Oxford
Page : 360 pages
File Size : 54,7 Mb
Release : 2005-01-13
Category : Law
ISBN : 9780191018855
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 : 55,6 Mb
Release : 2014-10-14
Category : Law
ISBN : 9780226144337
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 : David Johnston,Reinhard Zimmermann
Publisher : Unknown
Page : 793 pages
File Size : 41,8 Mb
Release : 2005-01-28
Category : Law
ISBN : 9780511029295
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 : George B. Klippert
Publisher : Unknown
Page : 389 pages
File Size : 48,9 Mb
Release : 1983-01-01
Category : Enrichissement sans cause - Canada
ISBN : 0409842931
Author : Simone Degeling,James Edelman
Publisher : Unknown
Page : 470 pages
File Size : 51,5 Mb
Release : 2008-01-01
Category : Obligations (Law)
ISBN : 0455225044
Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.
Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 48,9 Mb
Release : 2004-04-20
Category : Law
ISBN : 9781847316905
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 : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 52,6 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 43,6 Mb
Release : 2018-10-24
Category : Law
ISBN : 1543800904
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.
