The Principles Of The Law Of Restitution
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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.
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.
Principles Of The Law Of Restitution
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Author : Graham Virgo
language : en
Publisher: Clarendon Press
Release Date : 1999
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 Restitution 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 havein 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 withthe 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 arethree 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 should beinvaluable to students on restitution courses at every level.
Principles Of The Law Of Restitution In Singapore
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Author : Tang Hang Wu
language : en
Publisher:
Release Date : 2013
Principles Of The Law Of Restitution In Singapore written by Tang Hang Wu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
An Introduction To The Law Of Restitution
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Author : Peter Birks
language : en
Publisher: Oxford University Press
Release Date : 1985
An Introduction To The Law Of Restitution written by Peter Birks 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 1985 with Restitution categories.
This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
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.
The Law Of Restitution
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Author : Robert Goff Baron Goff of Chieveley
language : en
Publisher: Thomson Professional Pub Cn
Release Date : 1998
The Law Of Restitution written by Robert Goff Baron Goff of Chieveley and has been published by Thomson Professional Pub Cn this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
The law of restitution relates to all claims, quasi-contractural or otherwise, which are founded upon the principle of unjust enrichment. This edition brings the book fully up to date and includes two new chapters on restitution and EU law and conflict of laws.
The Varieties Of Restitution
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Author : Ian Jackman
language : en
Publisher:
Release Date : 2017-03-17
The Varieties Of Restitution written by Ian Jackman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-17 with Replevin categories.
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Research Handbook On Unjust Enrichment And Restitution
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Author : Elise Bant
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-07-31
Research Handbook On Unjust Enrichment And Restitution written by Elise Bant and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-31 with Law categories.
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.
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.