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Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782256350
Category : Law
Languages : en
Pages : 351
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Book Description
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 Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782256350
Category : Law
Languages : en
Pages : 351
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Book Description
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 Birks
Publisher: OUP Oxford
ISBN: 0191018856
Category : Law
Languages : en
Pages : 360
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Book Description
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: David Johnston
Publisher: Cambridge University Press
ISBN: 9781139432634
Category : Law
Languages : en
Pages : 802
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Book Description
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: Michael Rush
Publisher:
ISBN: 9781472559913
Category : Defense (Civil procedure)
Languages : en
Pages : 263
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Book Description
The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America. This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. Put another way, whether awards of restitution are, or should be, restricted by the value of a claimant's loss. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment. Numerous scholarly textbooks and law journals have devoted space to these issues. This work, however, has tended to focus narrowly on either particular cases or sets of issues. This book seeks to address this deficiency by collating, and providing total coverage of, the controversies and questions pertaining to a loss-based defence in the law of unjust enrichment. This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law.
Author: Clemence Yeung
Publisher:
ISBN: 9789628972265
Category : Unjust enrichment
Languages : en
Pages : 560
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Book Description
Author: Jason W. Neyers
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 440
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Book Description
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
Publisher: Edward Elgar Publishing
ISBN: 1788114264
Category : Law
Languages : en
Pages : 544
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Book Description
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: Elise Bant
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 302
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Book Description
This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 022614416X
Category : Law
Languages : en
Pages : 189
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Book Description
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: Peter Birks
Publisher: Victoria University Press
ISBN: 9780864734303
Category : Law
Languages : en
Pages : 164
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Book Description
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.
