The law and ethics of restitution / Hanoch Dagan.

Format:

Book

Author/Creator:

Dagan, Ḥanokh, author.

Language:

English

Subjects (All):

Restitution--United States.

Restitution.

Unjust enrichment--United States.

Unjust enrichment.

Physical Description:

1 online resource (xxi, 374 pages) : digital, PDF file(s).

Edition:

1st ed.

Other Title:

The Law & Ethics of Restitution

Place of Publication:

Cambridge : Cambridge University Press, 2004.

Language Note:

English

Summary:

Dagan's 2004 book provides a dynamic account of the American law of restitution. The book reviews the existing doctrine, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms.

Contents:

1. Introduction

2. Preventing unjust enrichment

3. Mistakes

4. Other-regarding conferrals of benefits

5. Self-interested conferrals of benefits

6. Restitution in contexts of informal intimarcy

7. Wrongful enrichments

8. Restitution in a contractual context

9. Restitution in bankruptcy

10. Reasons for restitution.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 332-365) and index.

ISBN:

1-107-14769-7

1-280-54020-6

0-511-21469-3

0-511-21648-3

0-511-21111-2

0-511-31527-9

0-511-49549-8

0-511-21288-7

OCLC:

560240595