当前货币:HKD

您的购物车中没有商品。

A Restatement of the English Law of Unjust Enrichment

A Restatement of the English Law of Unjust Enrichment

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199669899
  • 出版时间 November 2012
  • 规格: Hardback , 216 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
该商品暂时已售完
  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • Represents a unique and novel approach to understanding the common law
    • Presents a persuasive and accessible analysis of the law of unjust enrichment
    • develops a set of coherent rules and principles
    • Written by one of the leading authorities in this area of law, in collaboration with an expert group of senior judges, legal practitioners, and academics
    • Supported by full commentary explaining the Restatement's provisionsand allowing readers to see its application in real and hypothetical cases
    • Provides an accessible inroad to the English law for any foreign lawyers undertaking comparative work

    Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law.

  • Introduction

    Part One: A Restatement of the English Law of Unjust Enrichment

    1: General
    Restitution for unjust enrichment
    Enrichment at the claimant's expense
    When the enrichment is unjust
    Defences
    Restitutionary rights
    Prevention of anticipated unjust enrichment

    2: Enrichment at the Claimant's Expense
    Enrichment
    At the claimant's expense: general
    At the claimant's expense: tracing

    3: When the Enrichment is Unjust
    Mistake
    Duress
    Undue influence
    Exploitation of weakness
    Incapacity of the individual
    Failure of consideration
    Ignorance or powerlessness
    Fiduciary's lack of authority
    Legal compulsion
    Necessity
    Factors concerned with illegality
    Unlawful obtaining or conferral of a benefit by a public authority
    Financial institutions and constructive notice

    4: Defences
    Change of position
    Estoppel
    Agency as defence
    Counter-restitution
    Purchaser in good faith, for value and without notice
    Illegality as a defence
    Resolved disputes
    Limitation
    Special statutory defences: passing on and prevailing practice
    Contractual or statutory exclusion of restitution
    Affirmation

    5: Restitutionary Rights
    Personal right to a monetary restitutionary award
    Other restitutionary rights
    Subrogation

    Part Two
    Commentary

  • Andrew Burrows FBA, QC (hon), Professor of the Law of England, Oxford University

    Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999.

    Advisory Group Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom Lord Mance, Supreme Court of the United Kingdom Lord Justice Moore-Bick, Court of Appeal of England and Wales Lord Justice Etherton, Court of Appeal of England and Wales Mr Justice Henderson, High Court of England and Wales Mr Justice Beatson, High Court of England and Wales Justice Edelman, Supreme Court of Western Australia Stephen Moriarty QC, Fountain Court Chambers, London Laurence Rabinowitz QC, One Essex Court, London Steven Elliott, One Essex Court, London Andrew Scott, Blackstone Chambers, London Professor Robert Chambers, University College, London

    Professor Gerard McMeel, University of Bristol Professor Charles Mitchell, University College, London Professor Robert Stevens, University of Oxford William Swadling, University of Oxford Professor Andrew Tettenborn, University of Swansea Professor Graham Virgo, University of Cambridge

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥517.94

¥502.40 Save ¥15.54 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)