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Vol 23 No 8 Aug/Sept 18

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Cover of Housing Allocations and Homelessness: Law and Practice

Housing Allocations and Homelessness: Law and Practice

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Pensions divorce
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Restitution at the Crossroads

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ISBN13: 9781859416464
ISBN: 1859416462
Published: September 2001
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Paperback
Price: Out of print

1859414834 This book contrasts two competing models of unjust enrichment liability: the common law model and the civil law model. The former bases restitution on concrete,pragmatic unjust factors, rendering an enrichment unjust in the eyes of the law, while the latter operates with the negative requirement that restitution will follow if an enrichment is not supported by a legal ground or juristic reason.

The common law of unjust enrichment is a very young subject, while its civil law counterpart is based on two millennia of development. Should English law therefore accept that the civil law model is superior and adopt an anglicised version of legal ground reasoning? This is indeed suggested by German commentators, and the English case law seems to be moving our enrichment law in that direction.

This book considers such arguments by examining the reasons for restitution in English and German law. This book will be a valuable resource for academics and students interested in the law of unjust enrichment and comparative law. It also provides an introduction to the German law of unjust enrichment which will be useful to lawyers in European private practice.

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Setting the Scene; Overview of German Private Law; Some Jurisprudential Reflections; Mistake in German Law; Mistake in English law; Contractual Failure of Consideration; Non-contractual Failure of Consideration; The Role of Policy; Nullity; ""Just Factors""; Defences; The English Law of Restitution at the Crossroads.