Restatement Of The Law Third Restitution And Unjust Enrichment Sections 40 To 70 Restitution For Wrongs
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Restatement of the Law Third
Author | : Andrew Kull |
Publisher | : Amer Law Inst |
Total Pages | : 1415 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 9780314604682 |
At head of title: The American Law Institute.
The Death of the Irreparable Injury Rule
Author | : Douglas Laycock |
Publisher | : Oxford University Press, USA |
Total Pages | : 375 |
Release | : 1991 |
Genre | : Equitable remedies |
ISBN | : 0195063562 |
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
The Law of Restitution
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.
The Law of Restitution
Author | : George E. Palmer |
Publisher | : |
Total Pages | : 748 |
Release | : 1978 |
Genre | : Restitution |
ISBN | : |
Landmark Cases in the Law of Restitution
Author | : Charles Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 271 |
Release | : 2006-04-18 |
Genre | : Law |
ISBN | : 1847316956 |
It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
The Restatement Third: Restitution and Unjust Enrichment
Author | : Charles Mitchell |
Publisher | : Bloomsbury Publishing |
Total Pages | : 338 |
Release | : 2013-05-09 |
Genre | : Law |
ISBN | : 1782251367 |
The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Negligence Without Fault
Author | : Albert A. Ehrenzweig |
Publisher | : Univ of California Press |
Total Pages | : 104 |
Release | : 2023-11-10 |
Genre | : Law |
ISBN | : 0520350154 |
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1951.
Cases on Restitution
Author | : John Philip Dawson |
Publisher | : Indianapolis : Bobbs-Merrill |
Total Pages | : 1128 |
Release | : 1969 |
Genre | : Law |
ISBN | : |