Full Description
Restitution is a topic which is now increasingly seen as detached from commercial concerns. "A Critical Introduction to Restitution" aims to set the subject firmly in its practical, commercial context stressing continuity with the remainder of commercial law, and considering issues of policy against that background. The text builds on the reader's knowledge of those subjects, and integrates restitution into them.
Contents
1. Fundamental ideas; 2. Tracing and subrogation; 3. Mistake; 4. Ignorance; 5. Duress; 6. Undue influence; 7. Exploitation of weakness; 8. Legal compulsion: compulsory discharge of another's legal liability; 9. Necessity; 10. Failure of consideration; 11. Incapacity as a ground for restitution; 12. Illegality as a ground for restitution; 13. Ultra vires demands by public authorities; 14. Restitution for wrongs; 15. Defences; 16. Miscellaneous issues: agency and the conflict of laws; Index
