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The Principles of the Law of Restitution

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Research Handbook on Unjust Enrichment and Restitution

Edited by: Elise Bant, Kit Barker, Simone Degeling

ISBN13: 9781788114257
Published: July 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £220.00



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This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law.

Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives.

Subjects:
Restitution
Contents:
1. The Evolution of Unjust Enrichment Law. Theory and Practice.
Elise Bant, Kit Barker and Simone Degeling
Part I History and Comparative Insights
2. Development at Common Law
David Ibbetson
3. Unjust Enrichment: A Comparative Perspective and a Critique
James Gordley
Part II: Taxonomy
4. Restitution and Unjust Enrichment
Andrew Kull
5. Restitution for Wrongs
Craig Rotherham
6. Unjust Enrichment and Contract
Hang Wu Tang
7. Unjust Enrichment and Equity
Lusina Ho
8. Comparative/Civilian perspectives
Helen Scott
Part III: Philosophical Foundations
9. The Corrective Justice of Liability for Unjust Enrichment
Ernest J Weinrib
10. Unjust Enrichment and the Forms of Justice
Dennis Klimchuk
11. A Law and Economics Perspective on Restitution
Chris Wonnell
12. Autonomy, Relational Justice and the Law of Restitution
Hanoch Dagan
Part IV: Analytical Structure
13. Enrichment
Mitchell McInnes
14. At the Claimant’s Expense
Stephen Watterson
15. Unjust Factors versus Absence of Juristic Reason (Causa)
Birke Häcker
16. Impaired Intention Unjust Factors?
Mindy Chen-Wishart and Rory Gregson
17. Conditional Intention as an Unjust Factor
Andrew Burrows
18. No Intention to Benefit
Michael Bryan
19. Other Reasons for Restitution
Charles Mitchell
Part V: Defences
20. A Taxonomy of Defences in Restitution
Graham Virgo
21. Change of Position-Based Defences
Ross GranthamT.H. Wu
22. Disenrichment in German Law
Thomas Krebs
Part VI: Restitutionary Remedies
23. Restitution, Compensation and Disgorgement
Katy Barnett
24. Proprietary Restitution
Timothy Liau and Rachel Leow
Index