Defences in Unjust EnrichmentDefences in Unjust Enrichment



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.

Author: Andrew Dyson

Publisher: Bloomsbury Publishing

ISBN: 9781782256359

Category:

Page: 452

View: 507

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.

Unjustified EnrichmentUnjustified Enrichment



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.

Author: David Johnston

Publisher: Cambridge University Press

ISBN: 113943263X

Category:

Page: 749

View: 773

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.

Research Handbook on Unjust Enrichment and RestitutionResearch Handbook on Unjust Enrichment and Restitution



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: Elise Bant

Publisher: Edward Elgar Publishing

ISBN: 9781788114264

Category:

Page: 544

View: 978

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.

The Foundations of Unjust EnrichmentThe Foundations of Unjust Enrichment



It has nothing to do with finality or stultification and therefore belongs in the third ,
residual category of unjust - related defences . IV CONCLUSION We began with
the hypothesis that defences to claims in unjust enrichment could be grouped ...

Author: Peter Birks

Publisher: Victoria University Press

ISBN: 0864734301

Category:

Page: 146

View: 119

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.

Trusts and EquityTrusts and Equity



Karpnale,67 has now accepted the existence of an independent restitutionary
remedy for unjust enrichment. ... The House of Lords accepted that the giving of
legal consideration could be a valid defence to a claim based in unjust
enrichment, ...

Author: Gary Watt

Publisher:

ISBN: 9780198854142

Category:

Page: 672

View: 258

Trusts and Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its centralissues, outlining the key perspectives with clarity and rigour.Online Resources accompany this book, providing additional support for both students and lecturers.Online ResourcesDT Three video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subjectDT Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you to improveDT Key legal developments in the law post-publication to keep you up to dateDT Multiple choice questions to enable you to test your newfound knowledgeDT Web links to further primary sources and commentary to aid your understandingDT Flashcard glossary to help test your knowledge of key terms

The German Law of Unjustified Enrichment and RestitutionThe German Law of Unjustified Enrichment and Restitution



Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.

Author: Gerhard Dannemann

Publisher: Oxford University Press on Demand

ISBN: 9780199533114

Category:

Page: 327

View: 723

This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal environment.

Cases Materials and Texts on Unjustified EnrichmentCases Materials and Texts on Unjustified Enrichment



Peter Birks argues for a division between autonomous ( or subtractive ) unjust
enrichment and restitution for wrongs . ... 5 This report deals inter alia with the
defences which public authorities may raise in case of claims for restitution of
taxes ...

Author: Jack Beatson

Publisher: Hart Publishing

ISBN: STANFORD:36105063274877

Category:

Page: 585

View: 350

The casebook contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions in Europe and beyond.

Principles of the Law of RestitutionPrinciples of the Law of Restitution



The very different views of academics as to the nature and ambit of the subject are also identified. This book will beinvaluable to students on restitution courses at every level.

Author: Graham Virgo

Publisher: Clarendon Press

ISBN: 0198763778

Category:

Page: 800

View: 299

This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have infact been evolving for over 200 years.Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned withthe question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There arethree such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights.The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will beinvaluable to students on restitution courses at every level.

The Law of Restitution in NigeriaThe Law of Restitution in Nigeria



The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it.

Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9789785157833

Category:

Page: 630

View: 836

The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

The Change of Position DefenceThe Change of Position Defence



Indeed , notwithstanding the change of heart on the topic of unjust factors , Birks
consistently argued that estoppel was an ' unjust - related defence , rather than
an ' enrichment - related defence as ( he also argued ) in the case of change of ...

Author: Elise Bant

Publisher: Hart Publishing

ISBN: STANFORD:36105134479349

Category:

Page: 264

View: 746

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.

Restitution Law ReviewRestitution Law Review



However , in German law the defence is said to operate too widely , at least in the
opinion of many academics . It is said to be the “ weakness ” of the German law of
unjustified enrichment . ? It might therefore be helpful for both English and ...

Author:

Publisher:

ISBN: STANFORD:36105060835738

Category:

Page:

View: 442

Enrichment and Restitution in New ZealandEnrichment and Restitution in New Zealand



There is, however, now clear authority that the common law defence of change of
position is part of the law of New ... 232, per Tipping J. * See, for example, Birks, “
The English Recognition of Unjust Enrichment” [1991] LMCLQ 473, 488; Birks, ...

Author: Ross Grantham

Publisher: Hart Publishing

ISBN: STANFORD:36105060215899

Category:

Page: 516

View: 142

Grantham and Rickett (commercial law, U. of Auckland, New Zealand) provide an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory but reflects a contextual coherence. They argue that the subject matter which properly falls within the ambit of the law of restitution is considerably less than is currently supposed. Although aimed to the substantive law of New Zealand, it applies more broadly throughout the common law world. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Reason and RestitutionReason and Restitution



This book provides an account of the reasons supporting these claims and how these reasons bear on the law's application and development --

Author: Charlie Webb

Publisher: Oxford University Press

ISBN: 9780199653201

Category:

Page: 380

View: 993

In law, gains, like losses, don't always lie where they fall. That there exists a body of law dealing with liability for gains is now settled and the circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, the same cannot be said for unjust enrichment's existence as a distinct ground of such claims. For if unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, then it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution offers an analysis of the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's application and development. The identity of these reasons matters since it establishes how, and to what extent, unjust enrichment really is independent of contract and tort, giving us a clearer understanding of unjust enrichment's relationship to these and other concepts and categories. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought respond to these claims.

The Structure of Property LawThe Structure of Property Law



If B ' s claim against C is directly based on C ' s unjust enrichment at B ' s expense
, C can use that defence ( see 1 . 2 above ) . So , Lord Millett may have feared
that : ( i ) if the unjust enrichment analysis is adopted ; then ( ii ) in a case such as
 ...

Author: Ben McFarlane

Publisher: Hart Publishing

ISBN: STANFORD:36105134423743

Category:

Page: 955

View: 703

In its essence, land law has to provide answers to two very difficult questions: who is entitled to use land, and how they are entitled to use it? Land law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This new introductory textbook reveals the system and also shows how it is possible to understand and criticize land law. The book is written in a student-friendly style and, in both its pages and companion web-site, makes use of helpful visual aids. The book places land law firmly within the wider context of property law. The introduction discusses a basic tension which runs throughout property law, and it shows how that tension is heightened where land is involved. The second part shows the response to this basic tension, setting out a basic structure which applies throughout property law, while noting how the special nature of land leads to the special features of land law. The third part of the book applies the basic structure to the individual topics making up land law courses, using the structure to reveal the conceptual coherence which lies behind the technical terms. The book is ideal reading for undergraduate law students seeking a rock-solid understanding of how land law works.