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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Law and Ethics of Restitution

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ISBN13: 9780521829045
ISBN: 0521829046
Published: August 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99

Despatched in 8 to 10 days.

Dagan's book provides a dynamic and much needed account of the American law of restitution. The book reviews the existing doctrine, including the forthcoming (third) Restatement, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution.

Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries.

Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework, structuring the contextual application of commitments to autonomy, utility, and community in situations where either the cause of action or the measure of recovery is benefit-based. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well a

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Restitution, Other Jurisdictions , USA
1. Introduction
2. Preventing unjust enrichment
3. Mistakes
4. Other-regarding conferrals of benefits
5. Self-interested conferrals of benefits
6. Restitution in contexts of informal intimacy
7. Wrongful enrichments
8. Restitution in a contractual context
9. Restitution in bankruptcy
10. Reasons for restitution.