A Restatement of the English Law of Unjust Enrichment

Paperback | January 20, 2013

byAndrew Burrows

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A 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 andWales 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.Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. TheRestatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they workwith this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearingshortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

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A 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 andWales on unjust enrichment. Written by one...

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...

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Format:PaperbackDimensions:250 pages, 8.5 × 5.43 × 0.01 inPublished:January 20, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199669902

ISBN - 13:9780199669905

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Table of Contents

IntroductionPart One: A Restatement of the English Law of Unjust Enrichment1. GeneralRestitution for unjust enrichmentEnrichment at the claimant's expenseWhen the enrichment is unjustDefencesRestitutionary rightsPrevention of anticipated unjust enrichment2. Enrichment at the Claimant's ExpenseEnrichmentAt the claimant's expense: generalAt the claimant's expense: tracing3. When the Enrichment is UnjustMistakeDuressUndue influenceExploitation of weaknessIncapacity of the individualFailure of considerationIgnorance or powerlessnessFiduciary's lack of authorityLegal compulsionNecessityFactors concerned with illegalityUnlawful obtaining or conferral of a benefit by a public authorityFinancial institutions and constructive notice4. DefencesChange of positionEstoppelAgency as defenceCounter-restitutionPurchaser in good faith, for value and without noticeIllegality as a defenceResolved disputesLimitationSpecial statutory defences: passing on and prevailing practiceContractual or statutory exclusion of restitutionAffirmation5. Restitutionary RightsPersonal right to a monetary restitutionary awardOther restitutionary rightsSubrogationPart TwoCommentary