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The German Law Of Unjustified Enrichment And Restitution
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Book Synopsis The German Law of Unjustified Enrichment and Restitution by : Gerhard Dannemann
Download or read book The German Law of Unjustified Enrichment and Restitution written by Gerhard Dannemann and published by Oxford University Press, USA. This book was released on 2009 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
Book Synopsis Unjustified Enrichment by : Paul W. L. Russell
Download or read book Unjustified Enrichment written by Paul W. L. Russell and published by Vu University Press. This book was released on 1996 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restitution at the Crossroads by : Thomas Krebs
Download or read book Restitution at the Crossroads written by Thomas Krebs and published by Routledge. This book was released on 2001 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contrasts two competing models of unjust enrichment liability: the common law model and the civil law model. The former bases restitution on concrete, pragmatic 'unjust factors', rendering an enrichment unjust in the eyes of the law, while the latter operates with the negative requirement that restitution will follow if an enrichment is not supported by a 'legal ground' or 'juristic reason'. The common law of unjust enrichment is a very young subject, while its civil law counterpart is based on two millennia of development. Should English law therefore accept that the civil law model is superior and adopt an anglicised version of 'legal ground' reasoning? This is indeed suggested by German commentators, and the English case law seems to be moving English enrichment law in that direction. This book considers such arguments by examining the reasons for restitution in English and German law.
Book Synopsis Unjustified Enrichment by : David Johnston
Download or read book Unjustified Enrichment written by David Johnston and published by Cambridge University Press. This book was released on 2002-04-18 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Book Synopsis Unjust Enrichment and the Law of Contract by : E. Schrage
Download or read book Unjust Enrichment and the Law of Contract written by E. Schrage and published by Springer. This book was released on 2001-12-21 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selection of papers read during a conference in Amsterdam on 18-20 October 2000 commemorating Marcel Henri Bregstein (1900-1957).
Book Synopsis The Principle of Unjust Enrichment by : Alexander Schall
Download or read book The Principle of Unjust Enrichment written by Alexander Schall and published by . This book was released on 2024-01-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of unjust enrichment came into fruition under English law in the last decade. It is now accepted that the four-stage-test "enrichment", "at the expense", "unjust factor" and "no defences" triggers remedies in restitution. Unjust enrichment resembles Civilian unjustified enrichment in many ways. But it also differs considerably in others, just as do French and German unjustified enrichment. The book aims to explain this.
Book Synopsis The Scope and Structure of Unjust Enrichment by : Duncan Sheehan
Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
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."
Book Synopsis Unjustified Enrichment by : David Johnston
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
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.
Download or read book Restitution Law Review written by and published by . This book was released on 1999 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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."--
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.
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 Oxford University Press, USA. This book was released on 2015 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.
Book Synopsis Understanding Unjust Enrichment by : Jason W. Neyers
Download or read book Understanding Unjust Enrichment written by Jason W. Neyers and published by . This book was released on 2004 with total page 415 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
Book Synopsis Unjustified Enrichment by : D. P. Visser
Download or read book Unjustified Enrichment written by D. P. Visser and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helps to locate the law relevant to the specific problem that is being investigated - and to allow those who are not familiar with the subject to find their way into it.
Book Synopsis The Foundations of Restitution for Wrongs by : Francesco Giglio
Download or read book The Foundations of Restitution for Wrongs written by Francesco Giglio and published by Bloomsbury Publishing. This book was released on 2007-03-06 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
