Restitution Of Payments Made Under A Mistake Of Law
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Restitution Of Payments Made Under A Mistake Of Law
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1991
Restitution Of Payments Made Under A Mistake Of Law written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with England categories.
People often make mistakes when making payments. The mistake may be as to the correct amount of a bill or as to whom the money is owed. Where the mistake has led to an overpayment, should the person who made the payment be able to recover the amount of the over-payment? At present, the answer to this question depends on whether the mistake is one of fact or one of law. In this consultation paper, the Law Commission reviews the general rule that payments made under a mistake of law are irrecoverable. The rule has been the subject of criticism for some time, and the courts have to an extent acknowledged the unfairness of an absolute rule through the wealth of exceptions and qualifications created. The provisional view of the Commission, on which the comments of all interested parties are sought, is that the different treatment of mistakes of law and mistakes of fact is not justified, that the present law produces anomalies and that there is a case for abolishing the rule precluding recovery of payments made under a mistake of law.
Cases And Materials On The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher:
Release Date : 2007
Cases And Materials On The Law Of Restitution written by Andrew S. Burrows and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
The Law Of Restitution written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Restitution is increasingly covered at undergraduate level in courses on contract, tort, common law and obligations. This book provides comprehensive coverage of the subject, including detailed examination of such areas as subrogation, limitation of actions and conflict of laws.
The Principles Of The Law Of Restitution
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Author : Graham Virgo
language : en
Publisher: Clarendon Press
Release Date : 1999
The Principles Of The Law Of Restitution written by Graham Virgo and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.
Mistake And Unjust Enrichment
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Author : George E. Palmer
language : en
Publisher:
Release Date : 1963
Mistake And Unjust Enrichment written by George E. Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Contracts categories.
The Law Of Restitution
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Author : George E. Palmer
language : en
Publisher:
Release Date : 1978
The Law Of Restitution written by George E. Palmer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Restitution categories.
Restatement Of The Law Restitution And Unjust Enrichment
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Author : American Law Institute
language : en
Publisher:
Release Date : 2000
Restatement Of The Law Restitution And Unjust Enrichment written by American Law Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Equitable remedies categories.
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.
Restitution Of Benefits Conferred Under Mistake Of Law
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 1987
Restitution Of Benefits Conferred Under Mistake Of Law written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Mistake (Law) categories.
The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press
Release Date : 2011
The Law Of Restitution written by Andrew S. Burrows and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
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.
Principles Of The Law Of Restitution In Singapore
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Author : Hang Wu Tang
language : en
Publisher:
Release Date : 2019
Principles Of The Law Of Restitution In Singapore written by Hang Wu Tang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Restitution categories.
"The law of restitution is a major branch of private law which is not well understood. This is the first book dedicated to the law of restitution in Snigapore providing an analysis of the principles of the law of restitution with reference to two distinct parts, namely, unjust enrichment and restitution for wrongs. The prevention of unjust enrichment as an independent legal principle, capable of founding causes of action, gained currency as an independent branch of the common law in Singapore only in the 1990s. This book introduces readers to the central concepts and controversies in the law of restitution, focusing on unjust enrichment and restitution for wrongs as organising themes. Leading decisions in Singapore and other Commonwealth jurisdictions are used to explain the fundamental concepts in the law of restitution" -- Back cover.