Structure and Justification in Private Law (inbunden)
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illustrated ed
Hart Publishing
Grantham, Ross (contributions)/Barker, Kit (contributions)/Bryan, Michael (contributions)/Butler, Peter (contributions)/Dagan, Hanoch (contributions)/Degeling, Simone (contributions)/Friedmann, Daniel (contributions)/Gergen, Mark (contributions)/Grantham, Ross (contributions)/Barker, Kit (contributi
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Structure and Justification in Private Law (inbunden)

Structure and Justification in Private Law

Essays for Peter Birks

Inbunden Engelska, 2008-02-01
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Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
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...[this] collection further exemplifies the widespread and very significant influence of Birks' scholarship throughout the common law world...the volume makes a significant contribution to the taxonomic work carried out by Birks. This is both appropriate and most welcome, particularly in the light of its relative absence from Mapping the Law...the volume achieves its end of providing a distinct yet complementary contribution to that volume.The editors and essayists thus deserve sincere thanks for their contribution to what is now a more fully rounded body of work offered in tribute to the great scholar. Elise Bant Canadian Business Law Journal Volume 48, 2009 An edited collection can be assessed on the strength of the individual contributions and on its coherence as a whole. In both respects, Structure and Justification in Private Law excels. The contributions offer a critical perspective on unjust enrichment and on Birks's ideas...Collectively, they offer useful additions to existing debates and will no doubt initiate new ones...this collection will become essential reading to scholars and students researching in the field of unjust enrichment. Nicholas Hopkins Journal of Business Law Issue 6, 2008 The essays frequently challenge Peter's thinking-an approach he would have welcomed for he never retreated from an opportunity to engage in robust scholarly debate...Inevitably, so short a review cannot do full justice to the strength and diversity of views which this collection brings together. The editors have managed to structure the array of differing views into a coherent whole. It certainly offers the reader an exhaustive and comprehensive insight into the controversies which Birks's own thinking generated and the essays not only engage with the current debates on unjust enrichment, they will no doubt generate new ones. As such the collection will long be a point of reference for scholars. Finally, as is typical of Hart Publishing, ease of reference is facilitated by detailed indexing and the overall quality of the publication is excellent. This impressive work is a welcome and necessary addition to the literature on private law and unjust enrichment. John Lowry King's Law Journal 20:1 ...all of the essays in this book are of high quality and generate valuable theoretical insights. This is an outstanding collection of essays which should be read by everybody who is interested in the law of unjust enrichment. Qi Zhou Legal Studies Vol 29, No. 2

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Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law and Head of the TC Beirne School of Law, The University of Queensland. Ross B Grantham, LLD, BCL, LLM, LLB is Professor of Commercial Law, TC Beirne School of Law, The University of Queensland.


1. Ross Grantham and Charles Rickett: In Memoriam - Professor Peter Birks 2. Ross Grantham and Charles Rickett: Unjust Enrichment - Reason, Place and Content Part 1 - Why Restitution? 3. Ernest Weinrib: The Normative Structure of Unjust Enrichment 4. Kit Barker: Responsibility for Gain: Unjust Factors or Absence of Legal Ground ? Starting Points in Unjust Enrichment Law Part 2 - The Place of Unjust Enrichment in the Private Law 5. Mitchell McInnes: Taxonomic Lessons for the Supreme Court of Canada 6. Emily Sherwin: Legal Positivism and the Taxonomy of Private Law 7. Richard Sutton: Restitution and the Discourse of System 8. Hanoch Dagan: Legal Realism and the Taxonomy of Private Law 9. Stephen Waddams: Contract and Unjust Enrichment: Competing Categories, or Complementary Concepts? 10. Daniel Friedmann: The Creation of Entitlements Through the Law of Restitution 11. Steve Hedley: The Shock of the Old: Interpretivism in Obligations Part 3 - Issues in the Law of Unjust Enrichment 12. Peter Butler: Advance Contractual Payments: Enforcement and Restitution for Failure of Basis 13. Struan Scott: Mistaken Improvers and a Recognisable Law of Unjust Enrichment 14. SimoneDegeling: Understanding Policy Motivated Unjust Factors 15. John McCamus: Restitutionary Liability of Public Authorities in Canada 16. Mark Gergen: Towards Understanding Equitable Estoppel 17. Michael Bryan: Recipient Liability under the Torrens System: Some Category Errors 18. Peter Watts: Birks and Proprietary Claims, with Special Reference to Misrepresentation and to Ultra Vires Contracts 19. Eoin O'Dell: The Resulting Trust 20. Stephen Smith: Rights, Remedies, and Causes of Action 21. Michael Tilbury Remedy as Right The Published Works of Professor Peter Birks - Eric Descheemaker Index