Understanding Unjust Enrichment
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Understanding Unjust Enrichment
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Author : Jason W. Neyers
language : en
Publisher: Hart Publishing
Release Date : 2004-04
Understanding Unjust Enrichment written by Jason W. Neyers and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04 with Law categories.
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
The Principle Of Unjust Enrichment
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Author : Alexander Schall
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2024-12-16
The Principle Of Unjust Enrichment written by Alexander Schall and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-16 with Law categories.
The principle of unjust enrichment came into fruition under English law in the last decade. It is now accepted that the four-stage-test "enrichment", "at the expense", "unjust factor" and "no defences" triggers remedies in restitution. Unjust enrichment resembles Civilian unjustified enrichment in many ways. But it also differs considerably in others, just as do French and German unjustified enrichment. The book aims to explain this.
Rethinking Unjust Enrichment
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Author : Warren Swain
language : en
Publisher: Oxford University Press
Release Date : 2024-01-07
Rethinking Unjust Enrichment written by Warren Swain 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 2024-01-07 with Law categories.
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Understanding Unjust Enrichment
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Author : Jason W Neyers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-04-20
Understanding Unjust Enrichment written by Jason W Neyers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-20 with Law categories.
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.
Unjust Enrichment And Countervailing Obligations
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Author : KV Krishnaprasad
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-09
Unjust Enrichment And Countervailing Obligations written by KV Krishnaprasad and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-09 with Law categories.
This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question. By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.
Understanding The Law Of Obligations
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Author : Andrew Burrows
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-11-15
Understanding The Law Of Obligations written by Andrew Burrows and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-11-15 with Law categories.
NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
The Principles Of The Law Of Restitution
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Author : Graham Virgo
language : en
Publisher: OUP Oxford
Release Date : 2015-08-13
The Principles Of The Law Of Restitution written by Graham Virgo and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-13 with Law categories.
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
The Law And Ethics Of Restitution
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Author : Ḥanokh Dagan
language : en
Publisher: Cambridge University Press
Release Date : 2004-08-12
The Law And Ethics Of Restitution written by Ḥanokh Dagan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-12 with Business & Economics categories.
This 2004 book provides acomprehensive account of the American law of restitution.
The Unity Of The Common Law
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Author : Alan Brudner
language : en
Publisher: OUP Oxford
Release Date : 2013-10-03
The Unity Of The Common Law written by Alan Brudner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-03 with Law categories.
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
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.