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Author: Peter Birks
Publisher: Oxford University Press
Published: 1985
Total Pages: 506
ISBN-13: 9780198760740
DOWNLOAD EBOOK →This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
Author: Peter D. Maddaugh
Publisher:
Published: 2018
Total Pages:
ISBN-13: 9780779886708
DOWNLOAD EBOOK →Author: Ward Farnsworth
Publisher: University of Chicago Press
Published: 2014-10-14
Total Pages: 189
ISBN-13: 022614433X
DOWNLOAD EBOOK →Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Author: Ḥanokh Dagan
Publisher: Cambridge University Press
Published: 2004-08-12
Total Pages: 402
ISBN-13: 9780521829045
DOWNLOAD EBOOK →This 2004 book provides acomprehensive account of the American law of restitution.
Author: Elise Bant
Publisher: Edward Elgar Publishing
Published: 2020-07-31
Total Pages: 544
ISBN-13: 1788114264
DOWNLOAD EBOOK →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: Charles Mitchell
Publisher: Bloomsbury Publishing
Published: 2013-05-09
Total Pages: 338
ISBN-13: 1782251367
DOWNLOAD EBOOK →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.
Author: Irini A. Stamatoudi
Publisher: Edward Elgar Publishing
Published: 2011-01-01
Total Pages: 417
ISBN-13: 0857930303
DOWNLOAD EBOOK →This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.
Author: Ian Jackman
Publisher:
Published: 2017-03-17
Total Pages: 226
ISBN-13: 9781760021320
DOWNLOAD EBOOK →Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Author: Robert Goff Baron Goff of Chieveley
Publisher:
Published: 1998
Total Pages: 912
ISBN-13: 9780421719804
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