Philosophical Foundations of the Law of Unjust Enrichment

Hardcover | April 19, 2009

EditorRobert Chambers, Charles Mitchell, James Penner

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This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcatingunjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mentalelements should play in shaping the law.

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This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcatingunjust enrichment as a separate area of privat...

Robert Chambers is Professor of Law at University College, London. He is the author of Resulting Trusts (OUP, 1997) and is currently writing a volume in the Clarendon Law series on Trusts law. Charles Mitchell is Professor of Law at King's College, London. He is the author of The Law of Contribution and Reimbursement (OUP, 2003) an...

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Format:HardcoverDimensions:450 pages, 9.21 × 6.14 × 0.01 inPublished:April 19, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199567751

ISBN - 13:9780199567751

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Table of Contents

1. Robert Chambers, Charles Mitchell, and James Penner: IntroductionPart I: Normative Foundations2. Ernest Weinrib: Correctively Unjust Enrichment3. Hanoch Dagan: Restitution's Realism4. Dennis Klimchuk: The Normative Foundations of Unjust Enrichment5. Mitchell McInnes: Resisting Temptations to Justice6. Kit Barker: The Nature of Responsibility for GainPart II: Enrichment and Property7. Steve Smith: Torts and Unjust Enrichment, Damages and Restitution: Some Similarities8. James Edelman: The Concept of Enrichment9. Robert Chambers: Two Ways of Being EnrichedPart III: Remedies10. Lionel Smith: Philosophical Foundations of Proprietary Remedies11. James Penner: Value, Property, and Unjust Enrichment12. Charlie Webb: Property, Restitution, and Unjust EnrichmentPart IV: Reasons for Restitution13. Aruna Nair: Mistakes of Law and Legal Reasoning14. Charles Mitchell and Peter Oliver: Unjust Enrichment in Public and Private Law15. Prince Saprai: Unconscionable Enrichment?