基本説明
Essays in honour of Peter Virks, one of the most respected scholars of private law. 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.
Full Description
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
Contents
1. Ross Grantham and Charles Rickett: In Memoriam - Professor Peter Birks 2. Ross Grantham and Charles Rickett: Unjust Enrichment - Reason, Place and Content Part 1 - Why Restitution? 3. Ernest Weinrib: The Normative Structure of Unjust Enrichment 4. Kit Barker: Responsibility for Gain: Unjust Factors or Absence of Legal Ground ? Starting Points in Unjust Enrichment Law Part 2 - The Place of Unjust Enrichment in the Private Law 5. Mitchell McInnes: Taxonomic Lessons for the Supreme Court of Canada 6. Emily Sherwin: Legal Positivism and the Taxonomy of Private Law 7. Richard Sutton: Restitution and the Discourse of System 8. Hanoch Dagan: Legal Realism and the Taxonomy of Private Law 9. Stephen Waddams: Contract and Unjust Enrichment: Competing Categories, or Complementary Concepts? 10. Daniel Friedmann: The Creation of Entitlements Through the Law of Restitution 11. Steve Hedley: The Shock of the Old: Interpretivism in Obligations Part 3 - Issues in the Law of Unjust Enrichment 12. Peter Butler: Advance Contractual Payments: Enforcement and Restitution for Failure of Basis 13. Struan Scott: Mistaken Improvers and a Recognisable Law of Unjust Enrichment 14. SimoneDegeling: Understanding Policy Motivated Unjust Factors 15. John McCamus: Restitutionary Liability of Public Authorities in Canada 16. Mark Gergen: Towards Understanding Equitable Estoppel 17. Michael Bryan: Recipient Liability under the Torrens System: Some Category Errors 18. Peter Watts: Birks and Proprietary Claims, with Special Reference to Misrepresentation and to Ultra Vires Contracts 19. Eoin O'Dell: The Resulting Trust 20. Stephen Smith: Rights, Remedies, and Causes of Action 21. Michael Tilbury Remedy as Right The Published Works of Professor Peter Birks - Eric Descheemaker Index
