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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Enrichment and Restitution in New Zealand

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Ross Grantham, Charles RickettProfessor of Commercial Law, University of Auckland, Research Centre for Business Law, New Zealand

ISBN13: 9781901362923
ISBN: 1901362922
Published: June 2000
Publisher: Hart Publishing
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9781901362398

Despatched in 6 to 8 days.

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory, but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than supposed.;Although directed to the substantive law of New Zealand, the book contributes to the developing theatrical organization of the law and extends beyond that jurisdiction.

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Part 1 Conceptual overview: unjust enrichment - two available models; unjust enrichment - a reconceptualisation; obligations and property; restorable enrichment and the conceptual map.
Part 2 The principle of restorable enrichment: restorable enrichment - the central concepts; defects in legal capacity; defects in personal capacity; defects in the plaintiff's consent; defects in the plaintiff's consent - the defendant's conduct.
Part 3 Disputed categories: the policy-oriented cases; free acceptance and unconscientious receipt; ignorance; the resulting trust.
Part 4 Restorable enrichment - the defences: defences denying restoration; defences denying enrichment; defences denying enrichment at the plaintiff's expense; defences from public policy.
Part 5 Restoration and disgorgement: personal and proprietary restoration; the nature and basis of tracing; the nature and role of account; disgorgement.