Full Description
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives.
Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether.
The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions.
Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Contents
Introduction
I. History
1: Warren Swain: Contract and Unjust Enrichment: Lessons from History?
2: Siyi Lin: A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment
3: Arpita Gupta: Law of Unjust Enrichment in India
II. Sociology
4: Sagi Peari: Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment
5: Emily Sherwin: Restitution in the United States
6: Nolan Sharkey: What was the Problem with Palm Tree Justice? Language, Justice, Equity and Enrichment
III. Theory
7: Robert Stevens: Faute de Mieux
8: James Penner: Restitution, Corrective Justice, and Mistakes
9: Peter Chau and Lusina Ho: Agreement and Restitutionary Liability for Mistaken Payments
10: Lutz- Christian Wolff: Law of Unjust Enrichment or Law of Unjust De-enrichment
11: Peter Jaffey: The Way Forward
12: Nils Jansen: Doctrinal Design in Unjust Enrichment: On the Relation of Claims for Restitution and General Private Law
IV. Doctrine
13: Mindy Chen-Wishart and Emma Hughes: Monism v Pluralism in Unjust Enrichment
14: Steve Hedley: Unjust Enrichment - Looking for a Role
15: Pablo Letelier: Embracing Private Law's Miscellany? Unjustified Enrichment and the Civilian Category of Quasi- Contracts
16: Mitchell McInnes: Challenges for Canadian Unjust Enrichment
Conclusion
