Unjust Enrichment And Contract
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Unjust Enrichment And Contract
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Author : Tariq Baloch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-12
Unjust Enrichment And Contract written by Tariq Baloch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-12 with Law categories.
This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
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.
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 Contract
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Author : Tariq Ali Baloch
language : en
Publisher:
Release Date : 2009
Unjust Enrichment And Contract written by Tariq Ali Baloch and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Contracts categories.
Examines the role of unjust enrichment in the contractual context, defined as contracts which are terminated for breach, or subsisting, or unenforceable. This book identifies two types of contracts, namely those which are apportioned and those which are unapportioned.
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 And The Law Of Contract
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Author : E. Schrage
language : en
Publisher: Springer
Release Date : 2001-12-21
Unjust Enrichment And The Law Of Contract written by E. Schrage and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-12-21 with Law categories.
Selection of papers read during a conference in Amsterdam on 18-20 October 2000 commemorating Marcel Henri Bregstein (1900-1957).
Unjustified Enrichment
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Author : David Johnston
language : en
Publisher: Cambridge University Press
Release Date : 2002-04-18
Unjustified Enrichment written by David Johnston 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 2002-04-18 with Law categories.
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
A Treatise On The Law Of Quasi Contracts
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Author : William Albert Keener
language : en
Publisher:
Release Date : 1893
A Treatise On The Law Of Quasi Contracts written by William Albert Keener and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1893 with Contracts categories.
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 Law 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
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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.