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The Laws of Restitution

The Laws of Restitution

作者： Prof Robert Stevens
出版商： Oxford University Press
ISBN: 9780192885029
出版时间 January 2023
规格： Hardback , 496 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
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- A stimulating work which challenges established views of unjust enrichment
- Explains how restitution relates to contracts, torts, equity, and property law
- Written by an expert author who has been cited by the ultimate appellate courts of Australia, Canada, and the UK
- Fleshes out arguments that have been employed by the UK Supreme Court
- Covers a large area of private law in detail
In The Laws of Restitution, Robert Stevens shows that there is no unified law of restitution or unjust enrichment. Instead, there are seven or eight different kinds of private law claim, depending on how you count them, which have nothing important in common one with another that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. "Restitution" or "unjust enrichment' should cease to be discussed as unified areas of law.

With close attention to caselaw and legislation, the work identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. It explains how the law of restitution relates to, and is bound up with, contract, torts, equity, and property law.
Foreword
Preface
Part I Introduction
1:Summary
2:Foundations
Part II Unjustified Performance
3:Performance
4:Reversal
5:Theory
6:Practice
Part III Conditional Performance
7:Conditions
8:Contract
Part IV Intervention in Another's Affairs
9:Discharge
10:Necessity
Part V Property and Trusts
11:Things
12:Equity: General
13:Equity: Restitution
14:Improvements
Part VI Wrongdoing
15:Wrongs
16:Profits
17:Damages
Part VII Countervailing Reasons
18:Defences
19:Illegality
Part VIII Apologia
20:Conclusion

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