This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.
This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. Advisory Group Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom Lord Mance, Supreme Court of the United Kingdom Lord Justice Moore-Bick, Court of Appeal of England and Wales Lord Justice Etherton, Court of Appeal of England and Wales Mr Justice Henderson, High Court of England and Wales Mr Justice Beatson, High Court of England and Wales Justice Edelman, Supreme Court of Western Australia Stephen Moriarty QC, Fountain Court Chambers, London Laurence Rabinowitz QC, One Essex Court, London Steven Elliott, One Essex Court, London Andrew Scott, Blackstone Chambers, London Professor Robert Chambers, University College, London Professor Gerard McMeel, University of Bristol Professor Charles Mitchell, University College, London Professor Robert Stevens, University of Oxford William Swadling, University of Oxford Professor Andrew Tettenborn, University of Swansea Professor Graham Virgo, University of Cambridge
Inhaltsangabe
Introduction Part One: A Restatement of the English Law of Unjust Enrichment 1: General Restitution for unjust enrichment Enrichment at the claimant's expense When the enrichment is unjust Defences Restitutionary rights Prevention of anticipated unjust enrichment 2: Enrichment at the Claimant's Expense Enrichment At the claimant's expense: general At the claimant's expense: tracing 3: When the Enrichment is Unjust Mistake Duress Undue influence Exploitation of weakness Incapacity of the individual Failure of consideration Ignorance or powerlessness Fiduciary's lack of authority Legal compulsion Necessity Factors concerned with illegality Unlawful obtaining or conferral of a benefit by a public authority Financial institutions and constructive notice 4: Defences Change of position Estoppel Agency as defence Counter-restitution Purchaser in good faith, for value and without notice Illegality as a defence Resolved disputes Limitation Special statutory defences: passing on and prevailing practice Contractual or statutory exclusion of restitution Affirmation 5: Restitutionary Rights Personal right to a monetary restitutionary award Other restitutionary rights Subrogation Part Two Commentary
Introduction Part One: A Restatement of the English Law of Unjust Enrichment 1: General Restitution for unjust enrichment Enrichment at the claimant's expense When the enrichment is unjust Defences Restitutionary rights Prevention of anticipated unjust enrichment 2: Enrichment at the Claimant's Expense Enrichment At the claimant's expense: general At the claimant's expense: tracing 3: When the Enrichment is Unjust Mistake Duress Undue influence Exploitation of weakness Incapacity of the individual Failure of consideration Ignorance or powerlessness Fiduciary's lack of authority Legal compulsion Necessity Factors concerned with illegality Unlawful obtaining or conferral of a benefit by a public authority Financial institutions and constructive notice 4: Defences Change of position Estoppel Agency as defence Counter-restitution Purchaser in good faith, for value and without notice Illegality as a defence Resolved disputes Limitation Special statutory defences: passing on and prevailing practice Contractual or statutory exclusion of restitution Affirmation 5: Restitutionary Rights Personal right to a monetary restitutionary award Other restitutionary rights Subrogation Part Two Commentary
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