Understanding Unjust Enrichment

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Understanding Unjust Enrichment

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

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.

Enrichment in the Law of Unjust Enrichment and Restitution

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

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.

Research Handbook on Unjust Enrichment and Restitution

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

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.

Defences in Unjust Enrichment

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

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.

Unjust Enrichment

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

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.

Restitution

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

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

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.

Unjust Enrichment

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Author : Hanoch Dagan
Publisher : Cambridge University Press
ISBN 13 : 9780521584685
Total Pages : 216 pages
Book Rating : 4.5/5 (846 download)

Book Synopsis Unjust Enrichment by : Hanoch Dagan

Download or read book Unjust Enrichment written by Hanoch Dagan and published by Cambridge University Press. This book was released on 1997-09-18 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.

Unjust Enrichment

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Author : George B. Klippert
Publisher :
ISBN 13 : 9780409842937
Total Pages : 389 pages
Book Rating : 4.8/5 (429 download)

Book Synopsis Unjust Enrichment by : George B. Klippert

Download or read book Unjust Enrichment written by George B. Klippert and published by . This book was released on 1983-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enrichment in the Law of Unjust Enrichment and Restitution

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Author : Andrew V. M. Lodder
Publisher :
ISBN 13 : 9781472561190
Total Pages : 248 pages
Book Rating : 4.5/5 (611 download)

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

Download or read book Enrichment in the Law of Unjust Enrichment and Restitution written by Andrew V. M. Lodder and published by . This book was released on 2012 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reason and Restitution

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Author : Charlie Webb
Publisher : Oxford University Press
ISBN 13 : 0199653208
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

Book Synopsis Reason and Restitution by : Charlie Webb

Download or read book Reason and Restitution written by Charlie Webb and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: While unjust enrichment is often identified as the third major branch of private law alongside contract and tort, there remains uncertainty what this body of law covers and what it's about. This book provides an account of the reasons supporting these claims and how these reasons bear on the law's application and development --

Unjust Enrichment

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Author : Kit Barker
Publisher :
ISBN 13 : 9780409344981
Total Pages : pages
Book Rating : 4.3/5 (449 download)

Book Synopsis Unjust Enrichment by : Kit Barker

Download or read book Unjust Enrichment written by Kit Barker and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restitution and Unjust Enrichment

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Author : Andrew Kull
Publisher : Aspen Publishing
ISBN 13 : 1543802893
Total Pages : 1080 pages
Book Rating : 4.5/5 (438 download)

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.

Unjustified Enrichment

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Author : David Johnston
Publisher : Cambridge University Press
ISBN 13 : 9781139432634
Total Pages : 802 pages
Book Rating : 4.4/5 (326 download)

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.

The Foundations of Unjust Enrichment

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Author : Peter Birks
Publisher : Victoria University Press
ISBN 13 : 9780864734303
Total Pages : 164 pages
Book Rating : 4.7/5 (343 download)

Book Synopsis The Foundations of Unjust Enrichment by : Peter Birks

Download or read book The Foundations of Unjust Enrichment written by Peter Birks and published by Victoria University Press. This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.

Rethinking Unjust Enrichment

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Author : Warren Swain
Publisher : Oxford University Press
ISBN 13 : 0192874144
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)

Book Synopsis Rethinking Unjust Enrichment by : Warren Swain

Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2024-02-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

Mistake and Unjust Enrichment

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

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: