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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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The Canadian Law of Unjust Enrichment and Restitution


ISBN13: 9780433438199
Published: May 2014
Publisher: LexisNexis Canada
Country of Publication: Canada
Format: Hardback
Price: Price on Application



Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school.

Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.

This treatise, written by Canada's leading authority on the law of unjust enrichment, explains this complex area in a straight forward manner. It provides a conceptual overview that cuts through the inconsistencies and uncertainties that have impaired the proper development of the law.

It also offers step-by-step guidance to the resolution of restitutionary claims in specific contexts. For the first time, judges, practitioners, and academics have access to a text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers' Gas Co. (2004).

Subjects:
Other Jurisdictions , Canada
Contents:
Part I: Introduction
Chapter 1: Introduction

Part II: Basic Principles
Chapter 2: Enrichment
Chapter 3: Corresponding Deprivation
Chapter 4: Absence of Juristic Reason

Part III: Non-Purposive Transfers
Chapter 5: Non-Participatory Transfers-Found, Stolen, and Misdirected Benefits
Chapter 6: Non-Purposive Transfers-Mistaken Improvements

Part IV: Donative Intent
Chapter 7: Donative Intent-Mistakes
Chapter 8: Donative Intent-Incapacity
Chapter 9: Donative Intent-Induced
Chapter 10: Donative Intent-Conditional Transfers
Chapter 11: Donative Intent-Necessitous Intervention

Part V: Contract
Chapter 12: Contract-General
Chapter 13: Contract-Anticipated Contracts That Fail to Materialize
Chapter 14: Contract-Incomplete Agreements
Chapter 15: Contract-Want of Authority
Chapter 16: Contract-Incapacity
Chapter 17: Contract-Frustrated
Chapter 18: Contract-Mistake
Chapter 19: Contract-Illegitimately Induced
Chapter 20: Contract-Illegal
Chapter 21: Contract-Unenforceable
Chapter 22: Contract-Discharged for Breach

Part VI: Disposition of Law
Chapter 23: Disposition of Law-Judgment
Chapter 24: Disposition of Law-Government Demands

Part VII: Other Legal, Equitable or Statutory Obligations
Chapter 25: Other Valid Common Law, Equitable or Statutory Obligations
Chapter 26: Other-Title to Property
Chapter 27: Other-Natural Obligations;
Chapter 28: Other-Cohabitation
Chapter 29: Other-Compulsory Discharge

Part VIII: Restitution
Chapter 30: Restitution-Introduction
Chapter 31: Restitution-Personal
Chapter 32: Restitution-Proprietary
Chapter 33: Restitution-Tracing
Chapter 34: Restitution-Rescission;
Chapter 35: Restitution-Subrogation;

Part IX: Defences
Chapter 36: Defences: Change of Position
Chapter 37: Defences-Estoppel
Chapter 38: Defences-Bona Fide Purchase
Chapter 39: Defences-Payment Over
Chapter 40: Defences and Bars-Passing On
Chapter 41: Defences and Bars -Incidental Benefits
Chapter 42: Defences-Officiousness
Chapter 43: Defences-Illegality