A Restatement of the English Law of Unjust Enrichment (inbunden)
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A Restatement of the English Law of Unjust Enrichment (inbunden)

A Restatement of the English Law of Unjust Enrichment

Inbunden Engelska, 2012-11-29
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This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.
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Andrew Burrows, Canadian Business Law Journal This slender and elegantly written volume makes a remarkable and valuable contribution to the literature of the English law of restitution ... The highest compliment that can be paid to a work of this kind by a reviewer is to indicate that the reviewer both enjoyed reading the volume and profited greatly from doing so.

Kit Barker, Oxford Journal of Legal Studies ROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which
to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this.

Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike.

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<br>Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. <br>Advisory Group<br>Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom<br>Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom<br>Lord Mance, Supreme Court of the United Kingdom<br>Lord Justice Moore-Bick, Court of Appeal of England and Wales<br>Lord Justice Etherton, Court of Appeal of England and Wales<br>Mr Justice Henderson, High Court of England and Wales<br>Mr Justice Beatson, High Court of England and Wales<br>Justice Edelman, Supreme Court of Western Australia<br>Stephen Moriarty QC, Fountain Court Chambers, London<br>Laurence Rabinowitz QC, One Essex Court, London<br>Steven Elliott, One Essex Court, London<br>Andrew Scott, Blackstone Chambers, London<br>Professor Robert Chambers, University College, London <p>Professor Gerard McMeel, University of Bristol<br>Professor Charles Mitchell, University College, London <br>Professor Robert Stevens, University of Oxford<br>William Swadling, University of Oxford<br>Professor Andrew Tettenborn, University of Swansea<br>Professor Graham Virgo, University of Cambridge<br>


Introduction; PART ONE: A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT; 1. General; Restitution for unjust enrichment; Enrichment at the claimant's expense; When the enrichment is unjust; Defences; Restitutionary rights; Prevention of anticipated unjust enrichment; 2. Enrichment at the Claimant's Expense; Enrichment; At the claimant's expense: general; At the claimant's expense: tracing; 3. When the Enrichment is Unjust; Mistake; Duress; Undue influence; Exploitation of weakness; Incapacity of the individual; Failure of consideration; Ignorance or powerlessness; Fiduciary's lack of authority; Legal compulsion; Necessity; Factors concerned with illegality; Unlawful obtaining or conferral of a benefit by a public authority; Financial institutions and constructive notice; 4. Defences; Change of position; Estoppel; Agency as defence; Counter-restitution; Purchaser in good faith, for value and without notice; Illegality as a defence; Resolved disputes; Limitation; Special statutory defences: passing on and prevailing practice; Contractual or statutory exclusion of restitution; Affirmation; 5. Restitutionary Rights; Personal right to a monetary restitutionary award; Other restitutionary rights; Subrogation; PART TWO; Commentary