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.

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.

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.

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.

Cases and Materials on the Law of Restitution

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Author :
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.

Restatement of the Law, Restitution and Unjust Enrichment

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Author :
Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( download)

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

Download or read book Restatement of the Law, Restitution and Unjust Enrichment written by American Law Institute and published by . This book was released on 2000 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Submitted by the Council to the members of the American Law Institute for discussion at the seventy-seventh annual meeting on May 15, 16, 17, and 18, 2000.

Restitution

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Author :
Publisher : Routledge
ISBN 13 : 1000160297
Total Pages : 580 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 2020-11-26 with total page 580 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.

Restatement, Third, Restitution and Unjust Enrichment

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Author :
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:

The Oxford Handbook of the New Private Law

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Author :
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."--

Unjustified Enrichment

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Author :
Publisher : Vu University Press
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.3/5 (511 download)

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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:

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 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:

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.

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.

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.

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:

The Foundations of Unjust Enrichment

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

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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.