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Enrichment in the Law of Unjust Enrichment and Restitution


ISBN13: 9781849463294
Published: July 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardcover
Price: £85.00



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Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.

Dr Lodder argues that enrichment may be characterised as either factual or legal, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation.

The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is the basis for certain resulting trusts, rescission, rectification and subrogation.

This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

Subjects:
Restitution
Contents:
1. Introduction
I. Unjust Enrichment
II. Restitution
III. Methodology and Scope
IV. Structure of the Book

2. Value, Rights and Obligations
I. The Concept of Value
II. The Concepts of Rights and Obligations
III. The Concept of Wealth
IV. The Relationship between the Concepts V. Conclusion

3. Bifurcating the Enrichment Inquiry
I. The Meaning of Enrichment
II. Overview of Factual Enrichment
III. Overview of Legal Enrichment IV. Conclusion

4. Factual Enrichment
I. The Historical Position
II. Money
III. Services
IV. Goods
V. Land
VI. Release of Obligations
VII. Conclusion

5. Legal Enrichment
I. Resulting Trusts
II. Rescission
III. Rectification IV. Enrichment by Release of Obligations
V. Conclusion

6. Freedom of Choice
I. Rejecting Subjective Devaluation
II. Proof of Choice of Benefit
III. Incontrovertible Enrichment
IV. Conclusion

7. Immediate and Extant Enrichment
I. Immediate Enrichment in Factual Enrichment Cases
II. Immediate Enrichment in Legal Enrichment Cases
III. Conclusion

8. Conclusions and Implications
I. Factual and Legal Enrichment
II. Consequences
III. Further Implications
IV. Conclusion

Bibliography
I. Texts, Digests and Restatements
II. Journal Articles and Book Chapters

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published November 2018
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The Irreducible Core of the Trust ISBN 9781782257172
To be published October 2018
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Legislation and Reform in the Law of Obligations ISBN 9781849463188
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Defences in Unjust Enrichment ISBN 9781509921102
To be published April 2018
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The Duty of Care in Negligence ISBN 9781509914845
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Money Awards in Contract Law ISBN 9781509917051
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Rationalising Constructive Trusts ISBN 9781849465960
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Accessory Liability ISBN 9781509914104
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
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Negligence and Illegality ISBN 9781509906666
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Tort Law Defences ISBN 9781509905027
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
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Defences in Unjust Enrichment (eBook) ISBN 9781782256359
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Defences in Unjust Enrichment ISBN 9781849467254
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Money Awards in Contract Law ISBN 9781849464574
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Accessory Liability (eBook) ISBN 9781849469579
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Accessory Liability ISBN 9781849462877
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Iniuria and the Common Law ISBN 9781849465038
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Tort Law Defences ISBN 9781849462914
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
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Informal Carers and Private Law ISBN 9781849462815
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
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