Subjects:

Restitution

Contents:

List of Contributors

INTRODUCTION , Andrew Burrows and Alan Rodger

THE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION

1. The Evolution of the Species , Francis Rose

General Concepts

2. Absence of Basis: The New Birksian Scheme , Andrew Burrows

3. Three Enrichment Issues , Robert Stevens

4. Some Thoughts on Change of Position , Gareth Jones

5. The Role of Fault in the Law of Restitution , Graham Virgo

6. Subrogation: Persistent Misunderstandings , Charles Mitchell

7. Tracing , Lionel Smith

8. Gain-Based Damages and Compensation , James Edelman

Some Particular Unjust Factors

9. Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrö

dinger's Cat? , Jack Beatson

10. The Further Travails of Duress , Ewan McKendrick

11. Undue Influence: Beyond Impaired Consent and Wrong-Doing Towards a Relational Analysis , Mindy Chen-Wishart

12. Unjust Enrichment, Discharge for Breach, and the Primacy of Contract , Gerard McMeel

Property, Insolvency and Restitution

13. Resulting Trusts , Robert Chambers

14. Jones v Jones : Property or Unjust Enrichment? , Peter Millett

15. Unjust Delivery , William Swadling

16. The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences , Roy Goode

THE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION

17. Restitution after Termination for Breach of Contract: German Law after the Reform of 2002 , Reinhard Zimmermann

18. No Basis: A Comparative View , Sonja Meier

19. Unjust Enrichment as Absence of Basis: Can English Law Cope? , Gerhard Dannemann

20. The Fallacy of 'Restitution for Wrongs' , Thomas Krebs

21. Peter Birks and Scots Enrichment Law , Hector MacQueen

ROMAN LAW

22. What Did Damnum Iniuria Actually Mean? , Alan Rodger

23. The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana , Georg Wolf

24. Absent Parties and Bloody-Minded Judges , Ernest Metzger

25. 'You Can Never Tell with Bees': Good Advice from Pooh for Students of the Lex Aquilia , Arianna Pretto-Sakmann

26. Law Arrivals: The Appendix in Justinian's Digest Reconsidered , Tony Honoré

27. Logic and Experience in Roman Law , David Johnston

28. Unjust Enrichment: The Tenant's Tale , Eltjo Schrage

LEGAL HISTORY

29. Bezoar Stones, Gall Stones and Gem Stones: A Chapter in the History of the Tort of Deceit , John Baker

30. Denials Ancient and Modern, with some Roman Footnotes , Jeffrey Hackney

31. Rumford Market and the Genesis of Fiduciary Obligations , Joshua Getzler

32. Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland , John Cairns

33. Sir William Jones and the Nature of Law , David Ibbetson

THE PUBLICATIONS OF PETER BIRKS 1969 - 2005

Eric Descheemaeker

This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.

This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.

As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work.

• Covers a wide range of topics of interest to private law scholars, ranging from unjust enrichment and restitution, comparative perspectives, Roman law, and legal history
• Written by the foremost scholars in their areas of contribution