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Vol 21 No 11 Nov/Dec 2016

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The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays

Edited by: Charles Mitchell, William Swadling

ISBN13: 9781849464086
Published: May 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £68.00



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The publication of The Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law.

The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment.

However, the appearance of the Restatement Third has prompted a renewal of interest in this fascinating subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Subjects:
Restitution, Other Jurisdictions , USA
Contents:
Ben McFarlane (Oxford) - 'Enrichment by Value and Rights'
Birke Hacker (Munich) - 'A Comparative Perspective on Indirect Enrichment'
Jacques du Plessis (Stellenbosch) - 'Duress and Compulsion'
William Swadling (Oxford) - 'Undue Influence'
Frederick Wilmot-Smith (Oxford) - 'Failure of Basis'
James Goudkamp (Oxford) and Charles Mitchell (UCL) - 'Absent Element and Affirmative Defences in the Law of Unjust Enrichment'
Andrew Burrows (Oxford) - 'Good Consideration'
Keith Mason (New South Wales) - 'Proprietary Remedies'
Lusina Ho (Hong Kong) - 'Restitutionary Trusts'
Steve Smith (McGill) - 'A Theory of Remedies'
Nicholas McBride (Cambridge) - 'Restitution for Wrongs'
Gerhard Dannemann (Humboldt) - 'The R3RUE and the DCFR'

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published June 2018
Hart Publishing
£80.00
Accessory Liability ISBN 9781509914104
To be published March 2017
Hart Publishing
£29.99
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
To be published February 2017
Hart Publishing
£80.00
Negligence and Illegality ISBN 9781509906666
To be published December 2016
Hart Publishing
£60.00
Private Law in the 21st Century ISBN 9781509908585
To be published December 2016
Hart Publishing
£110.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£75.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£35.00
£54.16 + £10.83 VAT
(ePub)
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Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£58.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£75.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£29.16 + £5.83 VAT
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£38.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£41.66 + £8.33 VAT
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£55.00
Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£63.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
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£54.16 + £10.83 VAT
(ePub)
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£83.32 + £16.67 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£110.00
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£70.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£58.33 + £11.66 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£75.00
Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£62.49 + £12.50 VAT
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£49.99 + £10.00 VAT
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Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£63.00