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The Law of Restitution 3rd Edition

The Law of Restitution, 3rd Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199296521
  • 出版时间 December 2010
  • 规格: Paperback , 792 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    • One of the most authoritative accounts of the law of restitution available, written by a leading figure in the field
    • The clear and concise writing style illuminates an often complex subject, making this essential reading for all those with an interest in restitution

    New to this edition

    • Thoroughly revised to include developments in case law (such as Sempra Metals Ltd v Inland Revenue Commissioners, and Chief Constable of the Greater Manchester Police v Wigan Athletic AFC Ltd) and academic thought (particularly the late Peter Birks' 'absence of basis' approach).
    • More sharply defines the divide between restitution of unjust enrichment and restitution for wrongs
    • An updated, more accessible chapter structure makes the book even easier to use

    Andrew Burrows continues to provide an authoritative account of the law of restitution in the third edition of this highly-praised textbook. Fully revised and updated, this edition includes a wealth of new cases and academic thinking in addition to thorough examination of the subject as a whole. As with previous editions, the author's expert analysis and clarity of style will be invaluable to students and practitioners with an interest in this area of law.

    Readership: Suitable for students studying restitution as part of an undergraduate law degree; postgraduate students studying for courses in restitution; and practitioners and academics with an interest in the field.

  • Part One - Fundamental Ideas
    1: Introduction to unjust enrichment and restitution
    2: Competing theories
    3: Benefit
    4: At the expense of the claimant
    5: Unjust factors or absence of basis?
    6: Tracing
    7: Subrogation
    8: Proprietary restitution
    Part Two - Unjust Factors
    9: Mistake
    10: Duress
    11: Undue influence
    12: Exploitation of weakness
    13: Human incapacity
    14: Failure of consideration I
    15: Failure of consideration II
    16: Ignorance
    17: Legal compulsion: compulsory discharge of another's legal liability
    18: Necessity
    19: Illegality
    Part Three - Defences
    21: Change of position, estoppel and the defence of agency
    22: Other defences
    Part Four - Restitution For Wrongs
    23: Introduction to restitution for wrongs
    24: Restitution for torts
    25: Restitution for breach of contract
    26: Restitution for equitable wrongs
    27: Defences to restitution for wrongs
    Part Five - Conflict Of Laws
    28: The conflict of laws

  • Andrew Burrows, Professor of the Law of England and Fellow of All Souls College, Oxford

     

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