Unjust Enrichment

Paperback | January 21, 2005

byPeter Birks

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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kindof right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.

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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichme...

Regius Professor of Civil Law and Fellow of All Souls College 1989 -; Director of Graduate Studies, Research 1996-2000. Fellow University College London; Hon. Fellow Trinity College Oxford; Hon Sec SPTL 1989-1996; Sec. Standing Conference on Legal Education 1991-1994. Royal Academy of the Netherlands, 2001 SPTL: Vice-Presi...

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Format:PaperbackDimensions:360 pages, 8.5 × 5.43 × 0.81 inPublished:January 21, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199276986

ISBN - 13:9780199276981

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Table of Contents

PART ONE: INTRODUCTION1. A Core Case2. Three MapsPART TWO: ENRICHMENT AT THE EXPENSE OF THE CLAIMANT3. Enrichment4. At the Expense of the ClaimantPART THREE: UNJUST5. Changing Direction6. Absence of BasisPART FOUR: THE RIGHT TO RESTITUTION7. Rights in personam8. Rights in remPART FIVE: DEFENCES9. Disenrichment and Disimpoverishment10. Unjust-Related DefencesPART SIX: COMPETING TERMINOLOGY11. Competing Generics12. Persistent Fragments