Full Description
The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis.
The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law.
Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Contents
PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION
1: The Essence of Restitution
2: Themes and Controversies
PART II UNJUST ENRICHMENT
3: Unjust Enrichment: History and Theory
4: Enrichment
5: At the Expense of the Claimant
6: Principles Underlying the Recognition of the Grounds of Restitution
7: Legally Effective Bases
8: Absence of Intent
9: Mistake
10: Compulsion
11: Exploitation
12: Necessity
13: Failure of Basis
14: Incapacity
15: Restitution from Public Authorities
PART III RESTITUTION FOR WRONGS
16: General Principles
17: Restitution for Torts
18: Restitution for Breach of Contract
19: Restitution for Equitable Wrongdoing
20: Criminal Offences
PART IV PROPRIETARY RESTITUTIONARY CLAIMS
21: Establishing Proprietary Restitutionary Claims
22: Restitutionary Claims and Remedies to Vindicate Property Rights
23: The Defence of Bona Fide Purchase
PART V GENERAL DEFENCES TO RESTITUTIONARY CLAIMS
24: 24, Fundamental Principles
25: 25, Defences Arising from Changes in the Defendant's Circumstances
26: Passing On and Mitigation of Loss
27: Illegality
28: Incapacity
29: Limitation Periods and Laches
