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The Principles of the Law of Restitution 3rd ed

The Principles of the Law of Restitution 3rd ed

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198726388
  • 出版时间 August 2015
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject.

    Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims.

    References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically.

    One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.

  • 1. The Essence Of Restitution
    2. Themes And Controversies

    Part II Unjust Enrichment
    3. The Principle Of Unjust Enrichment
    4. Enrichment
    5. At The Expense Of The Claimant
    6. Principles Underlying The Recognition Of The Grounds Of Restitution
    7. Lawful Bases
    8. Ignorance
    9. Mistake
    10. Compulsion
    11. Exploitation
    12. Necessity
    13. Failure Of Basis
    14. Incapacity
    15. Restitution From Public Authorities

    Part III Restitution For Wrongs
    16. General Principles
    17. Restitution For Torts
    18. Restitution For Breach Of Contract
    19. Restitution For Equitable Wrongdoing
    20. Criminal Offences

    Part IV Proprietary Restitutionary Claims
    21. Establishing Proprietary Restitutionary Claims
    22. Restitutionary Claims And Remedies To Vindicate Property Rights
    23. The Defence Of Bona Fide Purchase

    Part V General Defences To Restitutionary Claims
    24. Fundamental Principles
    25. Defences Arising From Changes In The Defendants Circumstances
    26. Passing On And Mitigation Of Loss
    27. Illegality
    28. Incapacity
    29. Limitation Periods And Laches

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