Cases and Materials on the Law of Restitution

Paperback | December 14, 2006

byAndrew Burrows, Ewan Mckendrick, James Edelman

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Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject.Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: * what is an enrichment? * was the enrichment at the claimant's expense? * what is the role of tracing? * when will proprietary restitution be granted? * when does change of position operate as a defence? * and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.

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Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject.Introductions, notes, and questions enable readers to che...

Andrew Burrows QC is the Norton Rose Professor of Commercial Law at the University of Oxford, Fellow of St. Hugh's College; Honorary Bencher of the Middle Temple; Recorder on the South-Eastern Circuit; and barrister at Fountain Court Chambers, London. Ewan McKendrick is Professor of English Private Law at the University of Oxford, F...

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Format:PaperbackDimensions:1104 pages, 9.69 × 6.73 × 1.85 inPublished:December 14, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199296510

ISBN - 13:9780199296514

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Table of Contents

1. Unjust enrichment and competing theories2. The essential ingredients of a claim for restitution of an unjust enrichment3. Mistake4. Ignorance5. Failure of consideration6. Illegitimate pressure7. Undue influence and exploitation of weakneess8. Legal compulsion: compulsory discharge of another's legal liability9. Necessity10. Illegality as a ground for restitution11. Incapacity as a ground for restitution12. Ultra vires demands by public authorities13. Tracing and Proprietary Restitution14. Defences15. Restitution for Wrongs

Editorial Reviews

`'...Burrows and McKendrick is a model casebook. The layout and appearance of the material is excellent. At the beginning, there is a comprehensive and clear list of contents, which helpfully includes the names of all the cases and articles extracted within...As far as the material selectedfor inclusion is concerned, Burrows and McKendrick have done a difficult task extremely well...The authors are to be congratulated on an excellent book. With works of this calibre on the desks of our students, the future health of restitution will be assured.''Donal Nolan, King's College London, Lloyd's Maritime and Commerical Law Quarterly