The restatement third, restitution and unjust enrichment critical and comparative essays edited by Charles Mitchell and William Swadling.

Format:

• Book

Contributor:

• Mitchell, Charles (Charles Christopher James), editor of compilation.
• Swadling, William, editor of compilation.

Series:

• Hart studies in private law ; v.6.
• Hart studies in private law v.6

Language:

English

Subjects (All):

• Unjust enrichment.
• Quasi contracts.
• Equitable remedies.
• Restitution.

Physical Description:

1 online resource (658 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2013.

Language Note:

English

Summary:

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates

Contents:

• Rights and Value; Means and Ends / Ben McFarlane
• Direct and Indirect Enrichment at the Claimant's Expense in Three-Party Cases / Birke Hacker
• [Section] 38 and the Lost Doctrine of Failure of Consideration / Frederick Wilmot-Smith
• Duress and Related Forms of Pressure: A Comparative Perspective / Jacques du Plessis
• Undue Influence: Lessons from America? / William Swadling
• Denials and Defences in the Law of Unjust Enrichment / James Goudkamp and Charles Mitchell
• Is There a Defence of Good Consideration? / Andrew Burrows
• The Distinctiveness of Law and Equity and the Taxonomy of the Constructive Trust / Keith Mason
• Proprietary Remedies for Unjust Enrichment: Demystifying the Constructive Trust and Analysing Intentions / Lusina Ho
• The Restatement of Liabilities in Restitution / Stephen Smith
• Restitution for Wrongs / Nicholas McBride
• Comparisons with Book VII of the Draft Common Frame of Reference / Gerhard Danneman
• Ben McFarlane (Oxford) - 'Enrichment by Value and Rights'
• Birke Häcker (Munich) - 'A Comparative Perspective on Indirect Enrichment'
• Jacques du Plessis (Stellenbosch) - 'Duress and Compulsion'
• William Swadling (Oxford) - 'Undue Influence'
• Frederick Wilmot-Smith (Oxford) - 'Failure of Basis'
• James Goudkamp (Oxford) and Charles Mitchell (UCL) - 'Absent Element and Affirmative Defences in the Law of Unjust Enrichment'
• Andrew Burrows (Oxford) - 'Good Consideration'
• Keith Mason (New South Wales) - 'Proprietary Remedies'
• Lusina Ho (Hong Kong) - 'Restitutionary Trusts'
• Steve Smith (McGill) - 'A Theory of Remedies'
• Nicholas McBride (Cambridge) - 'Restitution for Wrongs'
• Gerhard Dannemann (Humboldt) - 'The R3RUE and the DCFR'

Notes:

• Description based upon print version of record.
• Includes bibliographical references and index

ISBN:

• 9781472561350
• 147256135X
• 9781782251378
• 1782251375
• 9781782251361
• 1782251367

OCLC:

859155605