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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Principles of the Law of Restitution 3rd ed isbn 9780198726395

The Principles of the Law of Restitution 2nd ed

ISBN13: 9780199298501
ISBN: 0199298505
New Edition ISBN: 9780198726395
Previous Edition ISBN: 0198763778
Published: July 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: Out of print
Hardback edition out of print, ISBN13 9780199287536

The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999.

The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the auhtor asserts that restitutionary remedies are triggered by three different types of action:-

  • The reversal of the defendant's unjust enrichment
  • The commission of a wrong by the defendant
  • The vindication of the claimant's property rights
Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.
  • A comprehensive source of up to date primary and secondary materials
  • A source recognized and cited by the judiciary
  • Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position
  • Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East.

I The Fundamental Principles
1. The Essence of Restitution
2. Themes and Controversies
II Unjust Enrichment
3. The Principle of Unjust Enrichment
4. Enrichment
5. At the Expense of the Plaintiff
III The Grounds of Restitution for the Purpose of Establishing Unjust Enrichment
6. Principles Underlying the Recognition of Grounds of Restitution
7. Ignorance
8. Mistake
9. Compulsion
10. Exploitation
11. Necessity
12. Failure of Comsideration
13. Incapacity
14. Restitution from Public Authorities
IV Restitution for Wrongs
15. General Principles
16. Restitution for Torts
17. Restitution for Breach of Contract
18. Restitution for Equitable Wrongdoing
19. Criminal Offences
V Proprietary Restitutionary Claims
20. Establishing Proprietary Restitutionaroy Claims
21. Restitutionary Claims and Remedies to Vindicate Property Rights
22. The Defence of Bona Fide Purchase
VI 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. Illegality
27. Incapacity
28. Limitation Periods and Laches ;