Unjust Enrichment

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Publisher : Stackpole Classics
ISBN 13 : 9780811737067
Total Pages : 224 pages
Book Rating : 4.7/5 (37 download)

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Book Synopsis Unjust Enrichment by : Linda Goetz Holmes

Download or read book Unjust Enrichment written by Linda Goetz Holmes and published by Stackpole Classics. This book was released on 2017-09-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.

Enrichment in the Law of Unjust Enrichment and Restitution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319718
Total Pages : 276 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Enrichment in the Law of Unjust Enrichment and Restitution by : Andrew Lodder

Download or read book Enrichment in the Law of Unjust Enrichment and Restitution written by Andrew Lodder and published by Bloomsbury Publishing. This book was released on 2012-07-06 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

Restitution and Unjust Enrichment

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Publisher : Aspen Publishing
ISBN 13 : 9781543800906
Total Pages : 0 pages
Book Rating : 4.8/5 (9 download)

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Book Synopsis Restitution and Unjust Enrichment by : Andrew Kull

Download or read book Restitution and Unjust Enrichment written by Andrew Kull and published by Aspen Publishing. This book was released on 2018-10-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notes fills that void and presents the substance, remedies and history of restitution in a practical and interesting manner. Professors and students will benefit from: The only casebook available for teaching this important and interesting subject, and the first new one in 50 years. A modern reworking of the topic that adopts the framework of Publication of Restatement Third, Restitution and Unjust Enrichment (2011) (“R3RUE”) for teaching purposes. A complete discussion of Restitution, which is part of the required curriculum for students who receive legal training in other parts of the common-law world. Authorship by leading scholars in the field. Andrew Kull was the sole Reporter for R3RUE, published in two hardcover volumes. Ward Farnsworth is the author of a convenient treatise on Restitution, published by the University of Chicago Press in 2014. He is also co-author of the Wolters Kluwer casebook Torts: Cases and Questions, currently in its second edition.

Unjust Enrichment

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Publisher : OUP Oxford
ISBN 13 : 0191018856
Total Pages : 360 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Unjust Enrichment by : Peter Birks

Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.

Mistake and Unjust Enrichment

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Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Mistake and Unjust Enrichment by : George E. Palmer

Download or read book Mistake and Unjust Enrichment written by George E. Palmer and published by . This book was released on 1963 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Defences in Unjust Enrichment

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782256369
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Defences in Unjust Enrichment by : Andrew Dyson

Download or read book Defences in Unjust Enrichment written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Restitution

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Publisher : University of Chicago Press
ISBN 13 : 022614433X
Total Pages : 189 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Restitution by : Ward Farnsworth

Download or read book Restitution written by Ward Farnsworth and published by University of Chicago Press. This book was released on 2014-10-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.

More Than Just Enrichment

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Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis More Than Just Enrichment by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on the Middle East and South Asia

Download or read book More Than Just Enrichment written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on the Middle East and South Asia and published by . This book was released on 2008 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Canine Enrichment for the Real World

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Publisher : Dogwise Publishing
ISBN 13 : 1617812730
Total Pages : 318 pages
Book Rating : 4.6/5 (178 download)

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Book Synopsis Canine Enrichment for the Real World by : Allie Bender

Download or read book Canine Enrichment for the Real World written by Allie Bender and published by Dogwise Publishing. This book was released on 2019-11-08 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the world of dogs, there is now more awareness than ever of the need to provide enrichment, especially in shelters. But what exactly is enrichment? The concept is pretty straightforward: learn what your dog’s needs are, and then structure an environment and routine that allows them to engage in behaviors they find enriching. To truly enrich your dog’s life, you should offer them opportunities to engage in natural or instinctual behaviors. Aside from the limitations we have to place on a dog in today’s modern, busy world, the biggest constraint to enriching your dog’s life is your imagination! What the experts say about Canine Enrichment: Don’t let the word “enrichment” in the title fool you into thinking that the scope of this book is too narrow or not something you will find valuable. It focuses comprehensively on meeting your dog’s needs and is written in a holistic, science-based, practical, straightforward, and easy-to-understand way. I love this book! Ken Ramirez, author of Animal Training: Successful Animal Management Through Positive Reinforcement Canine Enrichment is a deep dive into what dogs really need and how we can provide it. It’s a great book for dog lovers who want to go beyond the standard superficialities of “dogs need exercise.” Just the chapter on agency is worth the price of the book! Patricia McConnell, Ph.D., CAAB Emeritus, author of The Other End of the Leash and The Education of Will The scope of this book is ambitious and the authors deliver, navigating the subject of enrichment with depth and relevance. Caregivers will gain critically important perspectives and practical information to improve the lives of their animals. Susan G. Friedman, Ph.D., Professor Emeritus, Utah State University, and founder of Behavior Works, LLC

Restitution in Private International Law

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Author :
Publisher : Hart Publishing
ISBN 13 : 1841131423
Total Pages : 310 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Restitution in Private International Law by : George Panagopoulos

Download or read book Restitution in Private International Law written by George Panagopoulos and published by Hart Publishing. This book was released on 2000-11-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

Research Handbook on Unjust Enrichment and Restitution

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788114264
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Unjust Enrichment and Restitution by : Elise Bant

Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

The Law of Unjust Enrichment

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Author :
Publisher :
ISBN 13 : 9780414055230
Total Pages : 1047 pages
Book Rating : 4.0/5 (552 download)

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Book Synopsis The Law of Unjust Enrichment by : Robert Goff Baron Goff of Chieveley

Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."

Using the Schoolwide Enrichment Model With Technology

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Publisher : Routledge
ISBN 13 : 100049036X
Total Pages : 280 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Using the Schoolwide Enrichment Model With Technology by : Angela M. Housand

Download or read book Using the Schoolwide Enrichment Model With Technology written by Angela M. Housand and published by Routledge. This book was released on 2021-10-10 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the Schoolwide Enrichment Model With Technology is an extension of a talent development model implemented in more than 2,500 schools across the U.S. and widely used internationally. More than 40 years of research and development have documented the effectiveness of the SEM approach to promoting higher level thinking skills and creative productivity. This solution-oriented book, unlike other books focused on using technology in the classroom, recognizes that digital technologies are changing and evolving at lightning speeds. Our effective skills for using technology transcend time by focusing on how to find and use digital resources and tools rather than listing the resources that already exist. Focusing on the skills that support critical thinking and problem solving, decision making, and communication, the authors seamlessly merge technology to launch students toward independent productivity. This accessible and highly practical guide is rich with examples that will change the way you think about education while providing hands-on “how-to” guidance for creating a culture of excellence and innovation in your school and classroom.

A Restatement of the English Law of Unjust Enrichment

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199669902
Total Pages : 213 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis A Restatement of the English Law of Unjust Enrichment by : Andrew S. Burrows

Download or read book A Restatement of the English Law of Unjust Enrichment written by Andrew S. Burrows and published by Oxford University Press, USA. This book was released on 2012-11-29 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.

Landmark Cases in the Law of Restitution

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Publisher : Hart Publishing
ISBN 13 : 9781509905065
Total Pages : 0 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis Landmark Cases in the Law of Restitution by : C Mitchell

Download or read book Landmark Cases in the Law of Restitution written by C Mitchell and published by Hart Publishing. This book was released on 2016-01-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But prior to the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars reappraise some of the landmark cases in the area. Their investigations shed new light on some classic decisions, and persuasively invite readers to think again about some well-known authorities.

The Law of Restitution

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Publisher : Oxford University Press
ISBN 13 : 0199296529
Total Pages : 789 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Law of Restitution by : Andrew S. Burrows

Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.

Unjust Enrichment and Contract

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847314988
Total Pages : 232 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Unjust Enrichment and Contract by : Tariq Baloch

Download or read book Unjust Enrichment and Contract written by Tariq Baloch and published by Bloomsbury Publishing. This book was released on 2009-03-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)