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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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A Restatement of the English Law of Unjust Enrichment


ISBN13: 9780199669899
Published: November 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £67.00
Paperback edition , ISBN13 9780199669905



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A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment.

Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics.

The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.

The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates.

Subjects:
Restitution
Contents:
Introduction

PART ONE: A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT
1. General
Restitution for unjust enrichment
Enrichment at the claimant's expense
When the enrichment is unjust
Defences
Restitutionary rights
Prevention of anticipated unjust enrichment
2. Enrichment at the Claimant's Expense
Enrichment
At the claimant's expense: general
At the claimant's expense: tracing
3. When the Enrichment is Unjust
Mistake
Duress
Undue influence
Exploitation of weakness
Incapacity of the individual
Failure of consideration
Ignorance or powerlessness
Fiduciary's lack of authority
Legal compulsion
Necessity
Factors concerned with illegality
Unlawful obtaining or conferral of a benefit by a public authority
Financial institutions and constructive notice
4. Defences
Change of position
Estoppel
Agency as defence
Counter-restitution
Purchaser in good faith, for value and without notice
Illegality as a defence
Resolved disputes
Limitation
Special statutory defences: passing on and prevailing practice
Contractual or statutory exclusion of restitution
Affirmation
5. Restitutionary Rights
Personal right to a monetary restitutionary award
Other restitutionary rights
Subrogation

PART TWO
Commentary