Unjust Enrichment


Unjust Enrichment
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Understanding Unjust Enrichment


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


Unjust Enrichment
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Author : Peter Birks
language : en
Publisher: OUP Oxford
Release Date : 2005-01-13

Unjust Enrichment written by Peter Birks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-13 with Law categories.


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.



Unjust Enrichment


Unjust Enrichment
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Author : George B. Klippert
language : en
Publisher:
Release Date : 1983-01-01

Unjust Enrichment written by George B. Klippert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-01-01 with Enrichissement sans cause - Canada categories.




Research Handbook On Unjust Enrichment And Restitution


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.



Unjust Enrichment


Unjust Enrichment
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Author : Linda Goetz Holmes
language : en
Publisher: Stackpole Classics
Release Date : 2017-09-15

Unjust Enrichment written by Linda Goetz Holmes and has been published by Stackpole Classics this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-15 with History categories.


The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.



Unjust Enrichment


Unjust Enrichment
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Author : Philip Davenport
language : en
Publisher: Federation Press
Release Date : 1997

Unjust Enrichment written by Philip Davenport and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Construction contracts categories.


Barely 10 years old and growing rapidly, the doctrine of unjust enrichment offers splendid rewards to those who understand it and grave dangers to those who do not. This short book explains clearly and concisely the uses and dangers of the doctrine. Davenport, author of the very successful Construction Claims, and Harris draw primarily upon examples in construction law, where unjust enrichment has had its greatest impact, while pointing out that the principles in their book are of general application. They also note that the recency of the doctrine means that there are as yet only a handful of Australian cases so that academic opinion and international caselaw play a vital role; hence, extensive footnotes and a five-page bibliography.



Unjust Enrichment


Unjust Enrichment
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Author : E. J. H. Schrage
language : de
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.



The Scope And Structure Of Unjust Enrichment


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.



Defences In Unjust Enrichment


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


Unjust Enrichment
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Author : Hanoch Dagan
language : en
Publisher: Cambridge University Press
Release Date : 1997-09-18

Unjust Enrichment written by Hanoch 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 1997-09-18 with Law categories.


This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.