An Introduction to the Law of Restitution

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Author: Peter Birks

Publisher: Oxford University Press

ISBN: 9780198760740

Category: Law

Page: 455

View: 2663

This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.

Understanding the Law of Obligations

Essays on Contract, Tort and Restitution

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Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847311423

Category: Law

Page: 248

View: 9117

NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review

Consequences of Impaired Consent Transfers

A Structural Comparison of English and German Law

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Author: Birke Häcker

Publisher: Bloomsbury Publishing

ISBN: 1782253653

Category: Law

Page: 408

View: 6954

Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.

Unjust Enrichment and Contract

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Author: Tariq Baloch

Publisher: Bloomsbury Publishing

ISBN: 1847314988

Category: Law

Page: 228

View: 2657

This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)

The Law of Restitution in Nigeria

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Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9785157830

Category: Law

Page: 652

View: 7146

The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

Structure and Justification in Private Law

Essays for Peter Birks

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Author: C.E.F. Rickett,Ross Grantham

Publisher: Bloomsbury Publishing

ISBN: 1847314120

Category: Law

Page: 492

View: 6226

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker

Unjust Enrichment

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Author: Philip Davenport,Christina Harris

Publisher: Federation Press

ISBN: 9781862872554

Category: Law

Page: 142

View: 9600

Barely 10 years old and growing rapidly, the doctrine of unjust enrichment offers splendid rewards to those who understand it and grave dangers to those who do not. This short book explains clearly and concisely the uses and dangers of the doctrine. Davenport, author of the very successful Construction Claims, and Harris draw primarily upon examples in construction law, where unjust enrichment has had its greatest impact, while pointing out that the principles in their book are of general application. They also note that the recency of the doctrine means that there are as yet only a handful of Australian cases so that academic opinion and international caselaw play a vital role; hence, extensive footnotes and a five-page bibliography.

Pre-contractual Rights and Remedies

Restitution and Promissory Estoppel

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Author: D. Y. K. Fung

Publisher: N.A

ISBN: N.A

Category: Contracts

Page: 186

View: 403

The book is a study of the different juristic approaches to the problems arising out of claims resulting from failed pre-contractual negotiations. The main approaches in this matter have been the law of restitution and promissory estoppel. Breaking a new ground in this area of the law, the book offers a theory, comprising a marriage of common elements called the benefit-reliance approach to restitution.

Enrichment and Restitution in New Zealand

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Author: Ross Grantham,C. E. F. Rickett

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 516

View: 6672

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle however has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationship with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organization of the law and extends far beyond that jurisdiction.

The Structure of Property Law

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Author: Ben McFarlane

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 955

View: 8140

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in:" Property Law" Land Law" Personal Property LawThe book also provides detailed analysis of core topics in:" Equity & Trusts" Commercial Law" Unjust Enrichment & RestitutionSee the companion website for this book:www.hartpub.co.uk/companion/propertylaw.html.

Engaging With Foreign Law

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Author: B. S. Markesinis,Jörg Fedtke

Publisher: Hart Pub

ISBN: 9781841139470

Category: Law

Page: 452

View: 8946

This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the real world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Introduction to comparative law

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Author: Konrad Zweigert,Hein Kötz

Publisher: N.A

ISBN: 9780198256069

Category: Law

Page: 416

View: 1988

The second edition of this highly acclaimed text, first published in English in 1977, is an invaluable introduction to comparative law. The authors cover all angles of the subject from the general concept, functions, and history of comparative law to more sophisticated aspects of contract and tort law.

The German Law of Obligations: The law of torts

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Author: Basil Markesinis,Werner Lorenz,Gerhard Dannemann

Publisher: N.A

ISBN: 9780198260530

Category: Contracts

Page: 992

View: 5297

With its companion volume, The Law of Torts, this two-volume work provides a full scale treatise on the German Law of Obligations (Contract, Restitution and Tort) written in a comparative way and with a Common Law reader in mind. A commentary, which amounts to about half of the book, is accompanied by some 250 translations of leading German cases. This should prove a useful work for students and academics with an interest in German and Comparative law.

Introduction to Law

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Author: Jaap Hage,Bram Akkermans

Publisher: Springer

ISBN: 3319069101

Category: Law

Page: 344

View: 3682

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.