The Principles of the Law of Restitution
This textbook outlines the principles of the developing subject of the Law of Restitution. 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 variety of legal problems. The views of academics as to the nature and ambit of the subject are also identified.
Print Book, English, 1999
Clarendon p, [Place of publication not identified], 1999
pages
9780198763772, 9780198763765, 0198763778, 019876376X
654970304
PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION; 1. The Essence of Restitution; 2. Themes and Controversies; PART II UNJUST ENRICHMENT; 3. The Principle of Unjust Enrichment; 4. Enrichment; 5. At the Expense of the Plaintiff; PART III THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF ESTABLISHING UNJUST ENRICHMENT; 6. Principles Underlying the Recognition of Grounds of Restitution; PART IV THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF REVERSING UNJUST ENRICHMENT; 7. Ignorance; 8. Mistake; 9. Compulsion; 10. Exploitation; 11. Necessity; 12. Failure of Consideration; 13. Incapacity; 14. Restitution from Public Authorities; PART V RESTITUTION FOR WRONGS; 15. General Principles Coversing Restitution for Wrongs; 16. Restitution for Torts; 17. Restitution for Breach of Contract; 18. Restitution for Equitable Wrongdoing; 19. Criminal Offences; PART VI PROPRIETARY RESTITUTIONARY CLAIMS; 20. Establishing Proprietary Restitutionary Claims; 21. Restitutionary Claims and Remedies to Vindicate Property Rights; 22. The Defence of Bona Fide Purchase; PART VII THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS; 23. Fundamental Principles and General Bars; 24. Defences Arising from Changes in the Defendant's Circumstances; 25. Passing On and Mitigation of Loss; 26. Public Policy and Illegality; 27. Incapacity; 28. Limitation Periods and Laches