Burrows
A Restatement of the English Law of Unjust Enrichment
Burrows
A Restatement of the English Law of Unjust Enrichment
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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.
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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.
Produktdetails
- Produktdetails
- Verlag: Oxford University Press, USA
- Seitenzahl: 250
- Erscheinungstermin: März 2011
- Englisch
- Abmessung: 234mm x 155mm x 20mm
- Gewicht: 476g
- ISBN-13: 9780199669899
- ISBN-10: 0199669899
- Artikelnr.: 36403517
- Verlag: Oxford University Press, USA
- Seitenzahl: 250
- Erscheinungstermin: März 2011
- Englisch
- Abmessung: 234mm x 155mm x 20mm
- Gewicht: 476g
- ISBN-13: 9780199669899
- ISBN-10: 0199669899
- Artikelnr.: 36403517
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
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
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
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