The Principles of the Law of Restitution PDF Download
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Author: Graham Virgo
Publisher: Clarendon Press
ISBN: 9780198763772
Category : Law
Languages : en
Pages : 892
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Book Description
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.
Author: Graham Virgo
Publisher: Clarendon Press
ISBN: 9780198763772
Category : Law
Languages : en
Pages : 892
Get Book Here
Book Description
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.
Author: Andrew Burrows
Publisher: Oxford University Press
ISBN: 0191063266
Category : Law
Languages : en
Pages : 481
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Book Description
Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
Author: Natalie Persadie
Publisher: Routledge
ISBN: 1136974024
Category : Law
Languages : en
Pages : 448
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Book Description
Commonwealth Caribbean Business Law breaks away from the traditional English approach of treating business law primarily as the law of contract and agency. The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities. These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia. With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors.
Author: Richard Stone
Publisher: Routledge
ISBN: 1317743598
Category : Law
Languages : en
Pages : 541
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Book Description
The Modern Law of Contract is a clear and logical?textbook, written by an experienced?author team with well over 30 years’?teaching and examining experience. Offering a carefully tailored overview of all key topics for LLB and GDL courses, this eleventh edition has been thoroughly updated. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, including: ? Understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ? Identify important cases and assess their relevance: ‘Key Case’?features highlight and contextualise the most significant cases; ? Reflect on how contract law operates in context: highlighted ‘For thought’?features ask students to consider ‘what if’?scenarios, while ‘in focus’?features offer critical commentary on the law; ? Consolidate learning and prepare for assessment: further reading lists and comparison website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.
Author: Gerhard Dannemann
Publisher: Oxford University Press
ISBN: 0199678901
Category : Business & Economics
Languages : en
Pages : 858
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Book Description
The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Author: Mindy Chen-Wishart
Publisher: Oxford University Press
ISBN: 019920716X
Category : Law
Languages : en
Pages : 750
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Book Description
This textbook provides a unique approach to contract law, employing the use of numerous diagrams and boxes to help explain the subject and bring it to life. Written by a leading contract lawyer with extensive teaching experience, the book uses an informal, lively, and analytical style to explain the intricacies of contract law and the questions that arise during the life of a contract. The book is also accompanied by a wide-ranging web site to support the use of the book in teaching. Online Resource Centre For Students * Updates * Web links to key cases and legislation * Guidance on how to answer the exam style questions posed in the book * General guidance on essay writing, problem solving and examinations * Additional chapters on incapacity, and illegality and public policy * PowerPoint presentations with accompanying audio recordings to demonstrate and explain how some of the key diagrams have come together For Lecturers * Diagrams from the book * Test bank - a ready-made electronic testing resource tailored to the contents of the textbook and comprising of questions, answers, and feedback
Author: Andrew Burrows
Publisher:
ISBN: 0199661774
Category : Law
Languages : en
Pages : 1663
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Book Description
A unique reference work covering the whole of English private law, this book provides a lucid, concise, and authoritative overview of all important areas of private law. Each section is written by an acknowledged expert who provides a clear distillation and analysis of the subject.
Author: Janet O?Sullivan
Publisher: Oxford University Press
ISBN: 0198897030
Category :
Languages : en
Pages : 533
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Book Description
Author: James Edelman
Publisher: Bloomsbury Publishing
ISBN: 1782255621
Category : Law
Languages : en
Pages : 477
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Book Description
Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
Author: Sharon Erbacher
Publisher: Routledge
ISBN: 113531571X
Category : Law
Languages : en
Pages : 1016
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Book Description
This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.
