Subjects:

Restitution

Contents:

The Concept of Restitution

Remedies

Mistake

Duress and Unconscientious Dealing

Free Acceptance

Failure of Assumptions (1)

Failure of Assumptions (2)

Recoupment and Contribution

Necessity

Benefits Conferred Through Third Parties: 'Tracing'

Restitution for Wrongs

Restitution and Public Authorities

Defences

This book aims to provide a concise account of the English law of restitution for the benefit of practitioners and students. It concentrates on the actual law,and its impact on practical situations. Its aim is to give guidance on problems not solved elsewhere. There is no attempt to construct universal principles of restitutionary recovery as these can give rise to misleading results when confronted with the rules actually in force. The second edition has been expanded to provide a thoughtful and practical guide to the rapidly developing Law of restitution in England and Ireland, incorporating both the considerable recent scholarship on the subject and other vital judicial developments. The opportunity has also been taken to include a surprising number of unreported decisions on various aspects of restitution. This work will prove to be an invaluable tool for students and practitioners alike.