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Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition was published, see:
The Principles of the Law of Restitution 2nd ed isbn 9780199298501

The Principles of the Law of Restitution

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Graham VirgoFellow, Downing College, University of Cambridge

ISBN13: 9780198763772
ISBN: 0198763778
New Edition ISBN: 9780199298501
Published: November 1999
Publisher: Oxford University Press
Format: Paperback
Price: Out of print



Out Of Print
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.

The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights.

The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.

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Contents:
PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION
1. The Essence of Restitution
2. Themes and Controversies
PART II UNJUST ENRICHMENT
3. The Principle of Unjust Enrichment
4. Enrichment
5. At the Expense of the Plaintiff
PART III THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF ESTABLISHING UNJUST ENRICHMENT
6. Principles Underlying the Recognition of Grounds of Restitution
PART IV THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF REVERSING UNJUST ENRICHMENT
7. Ignorance
8. Mistake
9. Compulsion
10. Exploitation
11. Necessity
12. Failure of Consideration
13. Incapacity
14. Restitution from Public Authorities
PART V RESTITUTION FOR WRONGS
15. General Principles Coversing Restitution for Wrongs
16. Restitution for Torts
17. Restitution for Breach of Contract
18. Restitution for Equitable Wrongdoing
19. Criminal Offences
PART VI PROPRIETARY RESTITUTIONARY CLAIMS
20. Establishing Proprietary Restitutionary Claims
21. Restitutionary Claims and Remedies to Vindicate Property Rights
22. The Defence of Bona Fide Purchase
PART VII THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS
23. Fundamental Principles and General Bars
24. Defences Arising from Changes in the Defendant's Circumstances
25. Passing On and Mitigation of Loss
26. Public Policy and Illegality
27. Incapacity
28. Limitation Periods and Laches