当前货币:HKD

您的购物车中没有商品。

The Principles of the Law of Restitution  2nd Edition

The Principles of the Law of Restitution, 2nd Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780199298501
  • 出版时间 July 2006
  • 规格: Paperback , 848 pages
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
最新版已經出版!
  • 描述 
  • 大纲 
  • 作者 
  • 评论
  • 详细

    • A comprehensive source of up to date primary and secondary materials
    • A source recognized and cited by the judiciary
    • Includes the latest developments in the area such as the vindication of property rights principle, restitutionary remedies for breach of contract, restitutionary remedies against public authorities, and the defence of change of position
    • Useful for a range of jurisdictions, including England and Wales, Australia, New Zealand, Canada, and in the Far East.

    The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999.



    The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action:



    The reversal of the defendant's unjust enrichment



    The commission of a wrong by the defendant



    The vindication of the claimant's property rights



    Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

    Readership: Postgraduate and undergraduate students, and practitioners involved in the law of obligations

  • I The Fundamental Principles


    1: The Essence of Restitution


    2: Themes and Controversies


    II Unjust Enrichment


    3: The Principle of Unjust Enrichment


    4: Enrichment


    5: At the Expense of the Claimant


    III The Grounds of Restitution for the Purpose of Establishing Unjust Enrichment


    6: Principles Underlying the Recognition of the Grounds of Restitution


    7: Ignorance


    8: Mistake


    9: Compulsion


    10: Exploitation


    11: Necessity


    12: Failure of Comsideration


    13: Incapacity


    14: Restitution from Public Authorities


    IV Restitution for Wrongs


    15: General Principles


    16: Restitution for Torts


    17: Restitution for Breach of Contract


    18: Restitution for Equitable Wrongdoing


    19: Criminal Offences


    V Proprietary Restitutionary Claims


    20: Establishing Proprietary Restitutionaroy Claims


    21: Restitutionary Claims and Remedies to Vindicate Property Rights


    22: The Defence of Bona Fide Purchase


    VI The General Defences and Bars to Restitutionary Claims


    23: Fundamental Principles and General Bars


    24: Defences Arising from Changes in the Defendant's Circumstances


    25: Passing on and Mitigation of Loss


    26: Illegality


    27: Incapacity


    28: Limitation Periods and Laches



     


     



  • Graham Virgo, Reader in English Law, Faculty of Law, University of Cambridge; Fellow and Senior Tutor of Downing College, Cambridge

  • "...a fine addition to the corpus of restitution literature, a book well worth owning and recommending to those studying restitution for the first time." - Duncan Sheehan, Restitution Law Review

    "...in terms of user-friendliness it cannot be faulted...no detail is left unaccounted for..." - James Couser, Lloyd's Maritime and Commercial Law Quarterly

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: S$90.95

S$88.22 Save S$2.73 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
S$618.63
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: S$234.60

S$227.56 Save S$7.04 (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: S$595.00

S$577.15 Save S$17.85 (3%)

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

List Price: S$255.00

S$247.35 Save S$7.65 (3%)

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

List Price: S$608.60

S$590.34 Save S$18.26 (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: S$387.60

S$375.97 Save S$11.63 (3%)

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

List Price: S$748.00

S$725.56 Save S$22.44 (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: S$353.60

S$342.99 Save S$10.61 (3%)

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

List Price: S$255.00

S$247.35 Save S$7.65 (3%)

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

List Price: S$340.00

S$329.80 Save S$10.20 (3%)

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

List Price: S$306.00

S$296.82 Save S$9.18 (3%)

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

List Price: S$306.00

S$296.82 Save S$9.18 (3%)

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

List Price: S$425.00

S$412.25 Save S$12.75 (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: S$543.66

S$527.35 Save S$16.31 (3%)

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

List Price: S$483.31

S$468.81 Save S$14.50 (3%)

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

List Price: S$83.64

S$81.13 Save S$2.51 (3%)

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

List Price: S$340.00

S$329.80 Save S$10.20 (3%)

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

List Price: S$289.00

S$280.33 Save S$8.67 (3%)

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

List Price: S$357.00

S$346.29 Save S$10.71 (3%)