Defences in unjust enrichment / Edited by Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith.

Format:

Book

Contributor:

Dyson, Andrew, editor.

Goudkamp, James, 1980- editor.

Wilmot-Smith, Frederick, 1986- editor.

Series:

Hart studies in private law : essays on defences

Language:

English

Subjects (All):

Defense (Civil procedure)--Great Britain.

Defense (Civil procedure).

Restitution--Great Britain.

Restitution.

Unjust enrichment--Great Britain.

Unjust enrichment.

Physical Description:

1 online resource (361 p.)

Place of Publication:

Portland, Oregon : Hart Publishing, 2016.

Language Note:

English

Summary:

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study

Contents:

1. Defences in Unjust Enrichment: Questions and Themes

ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH

2. Defences and the Disunity of Unjust Enrichment

LIONEL SMITH

3. Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground HELEN SCOTT

4. What Kind of Defence is Change of Position?

DENNIS KLIMCHUK

5. The Unity of Pre-receipt and Post-receipt Detriment

AJAY RATAN

6. Proprietary Restitution and Change of Position

ROBERT CHAMBERS

7. Change of Position: Outstanding Issues

ELISE BANT

8. The Defence of Illegality in Unjust Enrichment

GRAHAM VIRGO

9. Minority and Unjust Enrichment Defences

BIRKE HÄCKER

10. Defences to Restitution Between Victims of a Common Fraud

ANDREW KULL

11. Bona Fide Purchase as a Defence in Unjust Enrichment

SONJA MEIER

12. Counterfactual Arguments Against Woolwich Liability

CHARLES MITCHELL

13. Theory and Practice

ROBERT REED

Notes:

Includes index.

ISBN:

9781474202589

1474202586

9781782256366

1782256369

OCLC:

933388621