Research handbook on unjust enrichment and restitution / edited by Elise Bant, Kit Barker, Simone Degeling.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Bant, Elise, editor.

Barker, Kit, editor.

Degeling, Simone, editor.

Series:

Research handbooks in private and commercial law.

Research Handbooks in Private and Commercial Law Series

Language:

English

Subjects (All):

Commercial law--Handbooks, manuals, etc.

Commercial law.

Unjust enrichment--History.

Unjust enrichment.

Physical Description:

1 online resource (544 pages).

Place of Publication:

Northampton : Edward Elgar Publishing, 2020.

Summary:

"This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives"-- Provided by publisher.

Contents:

Table of Contents

1. The evolution of unjust enrichment law. theory and practice / Elise Bant, Kit Barker and Simone Degeling

Part I: History and comparative insights

2. Development at common law / David Ibbetson

3. Unjust enrichment: A comparative perspective and a critique / James Gordley

Part II: Taxonomy 4. Restitution and unjust enrichment / Andrew Kull

5. Restitution for wrongs / Craig Rotherham

6. Unjust enrichment and contract / Hang Wu Tang

7. Unjust enrichment and equity / Lusina Ho

8. Comparative/civilian perspectives / Helen Scott

Part III: Philosophical foundations

9. The corrective justice of liability for unjust enrichment / Ernest J Weinrib

10. Unjust enrichment and the forms of justice / Dennis Klimchuk

11. A law and economics perspective on restitution / Chris Wonnell

12. Autonomy, relational justice and the law of restitution / Hanoch Dagan

Part IV: Analytical structure

13. Enrichment / Mitchell McInnes

14. At the claimant's expense / Stephen Watterson

15. Unjust factors versus absence of juristic reason (causa) / Birke Häcker

16. Impaired intention unjust factors? / Mindy Chen-Wishart and Rory Gregson

17. Conditional intention as an unjust factor / Andrew Burrows

18. No intention to benefit / Michael Bryan

19. Other reasons for restitution / Charles Mitchell

Part V: Defences

20. A taxonomy of defences in restitution / Graham Virgo

21. Change of position-based defences / Ross GranthamT.H. Wu

22. Disenrichment in German law / Thomas Krebs

Part VI: Restitutionary remedies

23. Restitution, compensation and disgorgement / Katy Barnett

24. Proprietary restitution / Timothy Liau and Rachel Leow

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78811-426-4