Unjustified Enrichment

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Unjust Enrichment

Author : Linda Goetz Holmes
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.

Unjust Enrichment

Author : Linda Goetz Holmes
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 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 . This book was released on 2001 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: During World War II, 32,260 Americans were held as prisoners of war of the Japanese. Thousands were shipped to do forced labor in the factories, shipyards, & mines of Japan--at the specific request of major Japanese companies. For more than 50 years, this story has gone untold--until now. Combining investigative research, personal interviews with more than 400 ex-POWs, excerpts from POW diaries, & samples of the more than 300 recently declassified documents, Pacific War historian Linda Goetz Holmes reveals the brutal & exploitative practices of Japanese companies during World War II.

Unjust Enrichment

Author : Linda Goetz Holmes
Publisher :
ISBN 13 : 9781568526751
Total Pages : 0 pages
Book Rating : 4.5/5 (267 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 . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: During World War II, 32,260 Americans were held as prisoners of war of the Japanese. Thousands were shipped to do forced labor in the factories, shipyards, & mines of Japan--at the specific request of major Japanese companies. For more than 50 years, this story has gone untold--until now. Combining investigative research, personal interviews with more than 400 ex-POWs, excerpts from POW diaries, & samples of the more than 300 recently declassified documents, Pacific War historian Linda Goetz Holmes reveals the brutal & exploitative practices of Japanese companies during World War II.

Unjust Enrichment

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

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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.

Unjustified Enrichment

Author : David Johnston
Publisher :
ISBN 13 : 0511029292
Total Pages : 793 pages
Book Rating : 4.5/5 (11 download)

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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.

Unjust Enrichment

Author : Peter Birks
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.

Enrichment in the Law of Unjust Enrichment and Restitution

Author : Andrew Lodder
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.

Unjustified Enrichment

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

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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.

Research Handbook on Unjust Enrichment and Restitution

Author : Elise Bant
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.

Restitution

Author : Ward Farnsworth
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

Author : Philip Davenport
Publisher : Federation Press
ISBN 13 : 9781862872554
Total Pages : 156 pages
Book Rating : 4.8/5 (725 download)

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Book Synopsis Unjust Enrichment by : Philip Davenport

Download or read book Unjust Enrichment written by Philip Davenport and published by Federation Press. This book was released on 1997 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barely 10 years old and growing rapidly, the doctrine of unjust enrichment offers splendid rewards to those who understand it and grave dangers to those who do not. This short book explains clearly and concisely the uses and dangers of the doctrine. Davenport, author of the very successful Construction Claims, and Harris draw primarily upon examples in construction law, where unjust enrichment has had its greatest impact, while pointing out that the principles in their book are of general application. They also note that the recency of the doctrine means that there are as yet only a handful of Australian cases so that academic opinion and international caselaw play a vital role; hence, extensive footnotes and a five-page bibliography.

Unjustified Enrichment

Author : Christian von Bar
Publisher : sellier. european law publ.
ISBN 13 : 3935808623
Total Pages : 777 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Unjustified Enrichment by : Christian von Bar

Download or read book Unjustified Enrichment written by Christian von Bar and published by sellier. european law publ.. This book was released on 2010 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.

Understanding Unjust Enrichment

Author : Jason W. Neyers
Publisher : Hart Publishing
ISBN 13 : 1841134236
Total Pages : 430 pages
Book Rating : 4.8/5 (411 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 Hart Publishing. This book was released on 2004-04 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

The South African Law of Unjustified Enrichment

Author : J. E. Du Plessis
Publisher : Juta and Company Ltd
ISBN 13 : 9780702194740
Total Pages : 484 pages
Book Rating : 4.1/5 (947 download)

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Book Synopsis The South African Law of Unjustified Enrichment by : J. E. Du Plessis

Download or read book The South African Law of Unjustified Enrichment written by J. E. Du Plessis and published by Juta and Company Ltd. This book was released on 2012 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding Unjust Enrichment

Author : Jason W. Neyers
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.

The Scope and Structure of Unjust Enrichment

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942467
Total Pages : 241 pages
Book Rating : 4.5/5 (99 download)

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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.

Restitution and Unjust Enrichment

Author : Andrew Kull
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.