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Vol 25 No 1 Jan/Feb 2020

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Gypsy and Traveller Law

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Restitution: Its Division and Ordering

ISBN13: 9780421744301
ISBN: 0421744308
Published: July 2001
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £44.00

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This groundbreaking study provides an account of the modern law of restitution which presents an alternative to the current academic orthodoxy.

Modern orthodoxy is solidly based on the concepts in Birks' Introduction to Restitution (1985), and although these concepts have often been debated no work has yet set out how the law might be differently structured.

Restitution takes on this task, examining the current state of academic theory and proposing an entirely new approach.

  • An important new challenge to the standard view of restitution
  • Proposes a new structure for the law of restitution
  • An academic text with major practical implications.

Unjust enrichment in world perspective. The fragmentation of restitutionary theory. The myth of ""mistake"". Contract, exchange and restitution. The ""implied contract fallacy"" fallacy. ""Indirect enrichment"". Wrongs and their remedies. The aim of restitutionary remedies.