The Scope And Structure Of Unjust Enrichment
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Enrichment In The Law Of Unjust Enrichment And Restitution
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Author : Andrew Lodder
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-07-06
Enrichment In The Law Of Unjust Enrichment And Restitution written by Andrew Lodder and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-06 with Law categories.
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.
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.
The Law Of Unjust Enrichment
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Author : Robert Goff Baron Goff of Chieveley
language : en
Publisher:
Release Date : 2016
The Law Of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Restitution categories.
Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
The Oxford Handbook Of The New Private Law
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Author : Andrew S. Gold
language : en
Publisher:
Release Date : 2020-11-06
The Oxford Handbook Of The New Private Law written by Andrew S. Gold and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Law categories.
The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Unjust Enrichment
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Author : James Edelman
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-08-25
Unjust Enrichment written by James Edelman and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-25 with Law categories.
Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
The Scope And Structure Of Unjust Enrichment
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Author : Duncan Sheehan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-02-22
The Scope And Structure Of Unjust Enrichment written by Duncan Sheehan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.
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.
General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20
General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
The Law Of Restitution
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Author : Peter D. Maddaugh
language : en
Publisher: Aurora, Ont. : Canada Law Book
Release Date : 2004
The Law Of Restitution written by Peter D. Maddaugh and has been published by Aurora, Ont. : Canada Law Book this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Restitution categories.
Defences In Unjust Enrichment
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Author : Andrew Dyson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-01-14
Defences In Unjust Enrichment written by Andrew Dyson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Law categories.
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.
Unjust Enrichment
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Author : E. J. H. Schrage
language : en
Publisher:
Release Date : 1995
Unjust Enrichment written by E. J. H. Schrage and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
"... to be consulted before any significant legal debate." W. J. Stewart in: Scots Law Times 1995This volume is concerned with the history of the concept of, or of the remedies for, unjust enrichment in the Civil law and the Common law. But this history is radically different in the two systems - different both in the starting point of each system and in the methods by which progress from that starting point was made.What for the Civil law is the starting point is for the Common law the ultimate outcome. The Civil law from its earliest medieval beginnings had before its eyes, at least as a potential unifying principle, the concept of unjust enrichment which it found in the Corpus Iuris, whereas it is only very recently (and outside the chronological scope of this volume) that the Common law has come to accept such a principle.The methods by which the Civil lawyers progressed from their starting point towards the well articulated concepts of the modern law were those of the interpreter and elaborator of texts which had their own unquestioned authority. And their discussions, which were those of the scholar and the school-room, are well documented.For the Common lawyers, on the other hand, the starting point was nothing but the practice of the courts and their methods were those appropriate to that practice. The plaintiff's remedy in a particular case was everything. Moreover, since the practice of the courts until very recent times is very imperfectly evidenced, the course of the development of the Common law is often difficult to trace. The researches contained in this volume show that it is only with benefit of hindsight, and then only to very limited extent, that one can see that development as leading to the recent acceptance of a doctrine of unjust enrichment.