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Vol 25 No 1 Jan/Feb 2020

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Cases and Materials on the Law of Restitution 2nd ed

ISBN13: 9780199296514
ISBN: 0199296510
Previous Edition ISBN: 0198762917
Published: December 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £63.99

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Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

Stimulating introductions, notes, and questions guide students through the key issues in the cases and materials. The book follows a tightly structured framework which provides the reader with a map of the many cases concerning restitution and unjust enrichment.

  • Coverage of the many important cases and commentary (including Birks' 'absence of basis' approach) which have arisen in the last 9 years
  • Structure which reflects the judicial development of the law of restitution

1. Unjust enrichment and competing theories
2. The essential ingredients of a restitutionary claim
3. Mistake
4. Ignorance
5. Failure of consideration
6. Illegitimate pressure
7. Unde influence and exploitation of weakneess
8. Legal compulsion: compulsory discharge of another's legal liability
9. Necessity
10. Illegality as a ground for restitution
11. Incapacity as a ground for restitution
12. Ultra vires demands by public authorities
13. Tracing and Proprietary Restitution
14. Defences
15. Restitution for Wrongs;