The Use And Abuse Of Unjust Enrichment
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| Author | : J. Beatson |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 263 |
| Release | : 1991 |
| Genre | : Business & Economics |
| ISBN | : 9780198254256 |
The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion. This is therefore anappropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on many of its most keenly disputed controversies. For this collection the author has chosen a number of previouslypublished and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central to the law of restitution.
| Author | : Linda Goetz Holmes |
| Publisher | : Stackpole Books |
| Total Pages | : 225 |
| Release | : 2017-09-15 |
| Genre | : History |
| ISBN | : 0811766802 |
The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.
| Author | : Andrew Lodder |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 221 |
| Release | : 2012-07-06 |
| Genre | : Law |
| ISBN | : 1847319726 |
Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
| Author | : Jason W. Neyers |
| Publisher | : Hart Publishing |
| Total Pages | : 430 |
| Release | : 2004-04 |
| Genre | : Law |
| ISBN | : 1841134236 |
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
| Author | : Peter Birks |
| Publisher | : Victoria University Press |
| Total Pages | : 164 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9780864734303 |
Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
| Author | : Andrew Dyson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 361 |
| Release | : 2016-01-14 |
| Genre | : Law |
| ISBN | : 1782256369 |
This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
| Author | : Hanoch Dagan |
| Publisher | : Cambridge University Press |
| Total Pages | : 216 |
| Release | : 1997-09-18 |
| Genre | : Law |
| ISBN | : 9780521584685 |
This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
| Author | : Warren Swain |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2023-11-11 |
| Genre | : Law |
| ISBN | : 0192874160 |
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.
| Author | : Michael G. Bridge |
| Publisher | : Oxford University Press |
| Total Pages | : 353 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 0198743076 |
What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream, ) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.
| Author | : Robert Goff Baron Goff of Chieveley |
| Publisher | : |
| Total Pages | : 1047 |
| Release | : 2016 |
| Genre | : Restitution |
| ISBN | : 9780414055230 |
Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
