Defences in Unjust Enrichment

Defences in Unjust Enrichment PDF

Author: Andrew Dyson

Publisher: Bloomsbury Publishing

Published: 2016-01-14

Total Pages: 351

ISBN-13: 1782256350

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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.

Unjust Enrichment

Unjust Enrichment PDF

Author: Peter Birks

Publisher: OUP Oxford

Published: 2005-01-13

Total Pages: 360

ISBN-13: 0191018856

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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.

Unjustified Enrichment

Unjustified Enrichment PDF

Author: David Johnston

Publisher: Cambridge University Press

Published: 2002-04-18

Total Pages: 802

ISBN-13: 9781139432634

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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.

Understanding Unjust Enrichment

Understanding Unjust Enrichment PDF

Author: Jason W. Neyers

Publisher: Hart Publishing

Published: 2004-04

Total Pages: 430

ISBN-13: 1841134236

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The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

The Defence of Passing on

The Defence of Passing on PDF

Author: Michael Rush

Publisher:

Published: 2006

Total Pages: 263

ISBN-13: 9781472559913

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The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America. This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. Put another way, whether awards of restitution are, or should be, restricted by the value of a claimant's loss. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment. Numerous scholarly textbooks and law journals have devoted space to these issues. This work, however, has tended to focus narrowly on either particular cases or sets of issues. This book seeks to address this deficiency by collating, and providing total coverage of, the controversies and questions pertaining to a loss-based defence in the law of unjust enrichment. This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law.

Research Handbook on Unjust Enrichment and Restitution

Research Handbook on Unjust Enrichment and Restitution PDF

Author: Elise Bant

Publisher: Edward Elgar Publishing

Published: 2020-07-31

Total Pages: 544

ISBN-13: 1788114264

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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 Change of Position Defence

The Change of Position Defence PDF

Author: Elise Bant

Publisher: Hart Publishing

Published: 2009-05-27

Total Pages: 302

ISBN-13:

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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"'.

Unjust Enrichment in Commercial Law

Unjust Enrichment in Commercial Law PDF

Author: Simone Degeling

Publisher:

Published: 2008-01-01

Total Pages: 470

ISBN-13: 9780455225043

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Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.

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