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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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ISBN13: 9780754620570
ISBN: 0754620573
Published: July 2002
Publisher: Routledge
Format: Hardback
Price: Out of print

Restitution became increasingly important in the courts of the common law world during the 1990s and generated a great deal of attention and an explosion of literature on the foundations of the subject, its structure and underlying principles. This volume collects important work on the topic.

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Part 1 Scope and structure: contract, tort and restitution - a satisfactory division or not?, A.S. Burrows; the province of the law of restitution, L.D. Smith; the law of restitution at the end of an eock, P.B.H. Birks.
Part 2 Autonomous unjust enrichment: a) the nature of enrichment: restitutionary claims for services rendered, G.H. Jones; unjust enrichment and unjust sacrifice, S.J. Stoljar; benefit, rliance and the structure of unjust enrichment, J. Beatson; b) reasons for restitution: the self-serving intermeddler, j. Dawson; necessitous intervention - the altruistic intermeddler and the law of restitution, J.McCamus; c) restitution and contract: restitution as a remedy for breach of contract, A. Kull; enforcing coasian bribes for non-price benefits - a new role for restitution, W. Gordon and T. Frankel; d) proprietary restitution: the remedial constructive trust - a principled basis for priority over creditors, D.M. Paciocco; relationships ""tantamount to spousal"", unjust enrichment and constructive trusts.
Part 3 Restitution for wrongs: restitution of benefits obtained through the appropriation of property or the commission of a wrong, D. Friedmann; the gains and losses of corrective justice, E.J. Weinrib.