Enrichment in the Law of Unjust Enrichment and Restitution

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Author :
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

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Author :
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.

Unjust Enrichment

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Author :
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.

Restitution and Unjust Enrichment

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543802893
Total Pages : 1080 pages
Book Rating : 4.5/5 (438 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 2018-10-15 with total page 1080 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.

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 Restatement Third: Restitution and Unjust Enrichment

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251367
Total Pages : 338 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Restatement Third: Restitution and Unjust Enrichment by : Charles Mitchell

Download or read book The Restatement Third: Restitution and Unjust Enrichment written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Restitution

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022614416X
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. Restitution isn t concerned with rectifying an injury; it s not about losses that one person inflicts on another (those are torts). In some ways restitution is the symmetrical complement to tort law; but despite tort s high profile, its centrality to the popular understanding of what the legal system doesthe companion doctrine of restitution is much neglected in American scholarship. Ward Farnsworth suggests that this relative neglect is due to restitution s reputation as a hodge-podge of leftover doctrines that don t add up to a clear body of knowledge. He intends to provide a readable and compact book that explains the doctrine of restitution in one place, and show how its components relate to one another. Timing is particularly suitable in the wake of the 2011 publication of the American Law Institute s Restatement Third, Restitution and Unjust Enrichment. Farnsworth s book seeks, in effect, to restate the new Restatement in as concise and lively a fashion as the subject matter will permit, thought with a somewhat different organization and a bit more attention to the theory behind the rules. The book starts with a brief essay on the relationship between restitution and other bodies of law, then proceeds to consider, in a chapter apiece, the four major families of liability in restitution (mistakes; conferrings; takings; and failed trades), the two kinds of remedies available at the end of a case (money and equitable), and finally defenses against claims of unjust enrichment."

Restitution

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Author :
Publisher : Routledge
ISBN 13 : 1000113949
Total Pages : 590 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Restitution by : Lionel Smith

Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-25 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.

The Oxford Handbook of the New Private Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0190919663
Total Pages : 640 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Oxford Handbook of the New Private Law by : Andrew S. Gold

Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press, USA. This book was released on 2020-11-06 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Understanding Unjust Enrichment

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316905
Total Pages : 430 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Understanding Unjust Enrichment by : Jason W. Neyers

Download or read book Understanding Unjust Enrichment written by Jason W. Neyers and published by Bloomsbury Publishing. This book was released on 2004-04-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Restatement, Third, Restitution and Unjust Enrichment

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (851 download)

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Book Synopsis Restatement, Third, Restitution and Unjust Enrichment by : American Law Institute

Download or read book Restatement, Third, Restitution and Unjust Enrichment written by American Law Institute and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cases and Materials on the Law of Restitution

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Publisher :
ISBN 13 : 0199296510
Total Pages : 1101 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Cases and Materials on the Law of Restitution by : Andrew S. Burrows

Download or read book Cases and Materials on the Law of Restitution written by Andrew S. Burrows and published by . This book was released on 2007 with total page 1101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

The Law of Restitution

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Author :
Publisher :
ISBN 13 : 9780779886708
Total Pages : pages
Book Rating : 4.8/5 (867 download)

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Book Synopsis The Law of Restitution by : Peter D. Maddaugh

Download or read book The Law of Restitution written by Peter D. Maddaugh and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Restitution

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Author :
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.

The Restatement Third: Restitution and Unjust Enrichment

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Author :
Publisher : A&C Black
ISBN 13 : 1782251375
Total Pages : 500 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Restatement Third: Restitution and Unjust Enrichment by : C Mitchell

Download or read book The Restatement Third: Restitution and Unjust Enrichment written by C Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

The Principles of the Law of Restitution

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Author :
Publisher : Clarendon Press
ISBN 13 : 9780198763772
Total Pages : 892 pages
Book Rating : 4.7/5 (637 download)

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Book Synopsis The Principles of the Law of Restitution by : Graham Virgo

Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Clarendon Press. This book was released on 1999 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.

Mistake and Unjust Enrichment

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Author :
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: