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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Nature and Scope of Restitution

ISBN13: 9781901362480
ISBN: 1901362485
Published: September 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £69.00

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In recent years there has been growing interest in the law of restitution, with many new books and articles and a number of important decisions in the courts.

However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the relation of the law of restitution to other areas of law, including contract and property law.

In this work, the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in the light of it.

As part of his analysis, Jaffey suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.

Part 1 Introduction
vitiated transfers, imputed contracts and disgorgement
Part 2 Claims for payment - restitution and contract
contract and exchange
imputed contracts and restitutionary claims for payment
the use of claim
Part 3 Reversing vitiated transfers - restitution and property
the vitiating factors
vitiated transfers and contracts
change of position, surviving value and bona fide purchase
indirect recipients, three-party cases and subrogation
restitution and property - a rational scheme
restitution and property - the rational scheme in action
Part 4 Disgorgement: disgorgement
disgorgement for breach of contract
fiduciary relationships. Appendices: a note on right-liability primary relations
a note on law, equity and fusion.