The nature and scope of restitution vitiated transfers, imputed contracts, and disgorgement by Peter Jaffey.

Format:

Book

Author/Creator:

Jaffey, Peter, author.

Language:

English

Subjects (All):

Restitution--Great Britain.

Restitution.

Unjust enrichment--Great Britain.

Unjust enrichment.

Physical Description:

1 online resource (474 pages)

Edition:

1st ed.

Place of Publication:

Oxford [England] Portland, Oregon Hart Publishing 2000.

Language Note:

English

Summary:

Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law

Contents:

Part I: Introduction

1 Vitiated transfers, imputed contracts, and disgorgement

Part II: Claims for payment: restitution and contracts

2 Contract and exchange

3 Imputed contracts and restitutionary claims for payment

4 The use claim

Part III: Reversing vitiated transfers: restitution and property

5 The vitiating factors

6 Vitiated transfers and contracts

7 Change of position, surviving value and bona fide purchase

8 Indirect recipients, three-party cases, and subrogation

9 Restitution and property: a rational scheme

10 Restitution and property: the rational scheme in action

Part IV: Disgorgement

11 Disgorgement

12 Disgorgement for breach of contract

13 Fiduciary relationships

Appendix 1: A note on right-liability primary relations

Appendix 2: A note on law, equity and fusion

Notes:

Includes bibliographical references (pages [425]-434) and index

ISBN:

9786610808755

9781472558985

1472558987

9781280808753

1280808756

9781847311467

1847311466

OCLC:

476005622