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Vol 22 No 2 Feb/March 2017

Book of the Month

Cover of Spencer Bower: Reliance-Based Estoppel

Spencer Bower: Reliance-Based Estoppel

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Casebook on Restitution

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Gerard McMeelBarrister of the Inner Temple and Lecturer in Law, University of Bristol

ISBN13: 9781854315175
ISBN: 185431517X
Published: January 1996
Publisher: Blackstone Press
Format: Paperback
Price: £31.99

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Restitution has emerged over the last 50 years as an essential component in the modern law of obligations. Its central concerns are the reversal of unjust enrichment and the unscrambling of defective transactions. A major difficulty with studying restitution is terminological. Whereas the older cases utilize techniques such as ""actions for money had and received"" and ""constructive trusts"", modern cases and juristic writings speak of ""unjust factors"" and ""incontrovertible benefit"". This volume guides the reader through the often impenetrable language to an appreciation of the leading cases, and a clearer understanding of the practical difficulties of restitution claims. Cases cover issues ranging from the deceptively simple example of mistaken payments to the complicated fall-out of corporate collapse, as in the ""Barlow Clowes"", ""Polly Peck"" and ""Maxwell"" cases.

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Part 1 Introduction: the principle of unjust enrichment; restitutionary techniques, tests of enrichment.
Part 2 Mistake: Money paid under a mistake of fact; money paid under a mistake of law; services rendered under a mistake; rescission for misrepresentation and mistake; is ""ignorance"" a restitutionary cause of action? Part 3 Compulsion: benefits conferred under duress; benefits obtained as a result of undue influence; inequality; legal compulsion; necessity or moral compulsion.
Part 4 Failure of consideration: contracts discharged by breach; contracts discharged by frustration; restitution and pre-contractual liability; void and unenforceable contracts; free acceptance.
Part 5 Restitution and public law: the ""Woolwich"" case; the ""swaps"" cases.
Part 6 Restitution and the law of wrongs: restitution and torts; restitutionary damages for breach of contract?; breach of fiduciary duty; breach of confidence; accesssory liability in equity.
Part 7 Tracing and proprietary remedies: tracing at common law; t