The Structure Of Unjust Enrichment
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| Author | : Duncan Sheehan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 241 |
| Release | : 2024-02-22 |
| Genre | : Law |
| ISBN | : 1509942467 |
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
| Author | : Andrew S. Gold |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 640 |
| Release | : 2020-11-06 |
| Genre | : Law |
| ISBN | : 0190919663 |
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
| Author | : David Johnston |
| Publisher | : Cambridge University Press |
| Total Pages | : 802 |
| Release | : 2002-04-18 |
| Genre | : Law |
| ISBN | : 9781139432634 |
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
| Author | : Andrew S. Burrows |
| Publisher | : Oxford University Press |
| Total Pages | : 789 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199296529 |
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
| Author | : Dennis Klimchuk |
| Publisher | : |
| Total Pages | : 26 |
| Release | : 2004 |
| Genre | : Unjust enrichment |
| ISBN | : |
| Author | : Elise Bant |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 544 |
| Release | : 2020-07-31 |
| Genre | : Law |
| ISBN | : 1788114264 |
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.
| Author | : Andrew S. Burrows |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 213 |
| Release | : 2012-11-29 |
| Genre | : Law |
| ISBN | : 0199669902 |
This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.
| Author | : Jason W. Neyers |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 430 |
| Release | : 2004-04-20 |
| Genre | : Law |
| ISBN | : 1847316905 |
This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
| Author | : Lionel Smith |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
One of the central features of the law of restitution for unjust enrichment is, for many commentators, a puzzle. This is the phenomenon of liability without fault. A defendant can come under an obligation to the plaintiff without having done anything wrong. The primary goal of this Article is to provide an explanation of how such obligations can rightly be said to arise. This part of the argument attempts to build on Ernest Weinrib's developed theory of corrective justice, as set out in The Idea of PrivateLaw.' The secondary goal of this Article is to apply this analytical framework so developed to some contested areas of unjust enrichment law to test the fit between the framework and the law. Particular attention will be paid to the difficult cases in which the initial recipient of an enrichment has passed it on to another person, who is now the defendant. These cases have caused difficulty in all legal systems. It will be argued that the common law's solution, properly understood, is consistent with corrective justice. Such remote recipients can be strictly liable, but only to the extent that they still hold an asset in which the plaintiff can establish a proprietary interest.
| Author | : Warren Swain |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2024-02-29 |
| Genre | : Law |
| ISBN | : 0192874144 |
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
