Unjustified Enrichment
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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.
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.
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.
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 In South African Law
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Author : Helen Scott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-07-10
Unjust Enrichment In South African Law written by Helen Scott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-10 with Law categories.
Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
Unjustified Enrichment In South African Law
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Author : J. C. Sonnekus
language : en
Publisher:
Release Date : 2008
Unjustified Enrichment In South African Law written by J. C. Sonnekus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law 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 : 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.
Unjustified Enrichment
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Author : Sieg Eiselen
language : af
Publisher: Butterworth-Heinemann
Release Date : 1993
Unjustified Enrichment written by Sieg Eiselen and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Unjust enrichment categories.
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.