The Principles of the Law of Restitution

Couverture
Oxford University Press, 1999 - 800 pages
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.
 

Table des matières

Table of Cases
xxxvii
Table of Statutes
lxvii
The Essence of Restitution
3
ii Is a Proprietary Restitutionary Claim Founded
12
The Obstacles of History
18
The Role of Rescission within the Law of Restitution
28
Themes and Controversies
35
The Nature of the Relationship between the Parties
42
of Consideration
395
Incapacity
409
Restitution from Public Authorities
422
Reform of the Law
439
General Principles
445
The Available Defences for Restitution for Wrongs
469
Restitution for Torts
473
Restitution for Breach of Contract
498

The Principle of Unjust Enrichment
49
The Role of the Unjust Enrichment Principle in Practice
55
Enrichment
58
i The Objective Test of Enrichment
62
3333335
68
Methods of Overriding Subjective Devaluation
70
Subjective Revaluation
86
Partperformance of a Contract
93
At the Expense of the Plaintiff
105
The Grounds of Restitution for the Purpose
117
Ignorance
128
Mistake
134
Compulsion
188
Exploitation
248
Abuse of Fiduciary Relationships of Confidence
283
Necessity
300
Failure of Consideration
323
Total Failure of Consideration
329
Partial Failure of Consideration
373
Restitution for Equitable Wrongdoing
518
Criminal Offences
556
Establishing Proprietary Restitutionary Claims
591
The Following and Tracing Rules
642
Restitutionary Claims and Remedies to Vindicate Property
656
The Defence of Bona Fide Purchase
674
Conditions for Establishing the Defence
677
Fundamental Principles and General Bars
683
Defences Arising from Changes in the Defendants
694
Transfer of a Benefit by an Agent to His or Her Principal
704
Passing On and Mitigation of Loss
733
Illegality
740
Incapacity
757
Should a Defence of Incapacity be Recognised?
766
Limitation Periods and Laches
767
Bibliography
779
Index
789
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À propos de l'auteur (1999)

Graham Virgo is a Fellow of Downing College at thee University of Cambridge

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