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Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 51,5 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704
Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 54,8 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 : George B. Klippert
Publisher : Unknown
Page : 389 pages
File Size : 41,7 Mb
Release : 1983-01-01
Category : Enrichissement sans cause - Canada
ISBN : 0409842931
Author : David Johnston,Reinhard Zimmermann
Publisher : Cambridge University Press
Page : 802 pages
File Size : 54,5 Mb
Release : 2002-04-18
Category : Law
ISBN : 113943263X
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 : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Hart Publishing
Page : 430 pages
File Size : 41,7 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 : 41,8 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 : Peter Birks
Publisher : OUP Oxford
Page : 360 pages
File Size : 55,6 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 : Hanoch Dagan
Publisher : Cambridge University Press
Page : 216 pages
File Size : 52,8 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 : Nahel Asfour
Publisher : Bloomsbury Publishing
Page : 216 pages
File Size : 50,9 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781782257073
This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.
Author : Andrew S. Burrows
Publisher : Oxford University Press, USA
Page : 213 pages
File Size : 51,7 Mb
Release : 2012-11-29
Category : Law
ISBN : 9780199669905
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 : Peter Birks
Publisher : Victoria University Press
Page : 164 pages
File Size : 47,5 Mb
Release : 2002
Category : Law
ISBN : 0864734301
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 : Duncan Sheehan
Publisher : Bloomsbury Publishing
Page : 241 pages
File Size : 46,9 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509942466
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Author : C Mitchell,William Swadling
Publisher : A&C Black
Page : 500 pages
File Size : 48,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251378
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 : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 43,6 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319722
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 : Ward Farnsworth
Publisher : University of Chicago Press
Page : 189 pages
File Size : 52,5 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.
