Restatement of the Law Third, Restitution and Unjust Enrichment: Sections 1 to 39. pt. I. Introduction PDF Download
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Author: American Law Institute
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 0
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Book Description
Author: American Law Institute
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 0
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 372
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Book Description
Submitted by the Council to the members of the American Law Institute for discussion at the seventy-eighth annual meeting on May 14, 15, 16, and 17, 2001.
Author: Andrew Lodder
Publisher: Bloomsbury Publishing
ISBN: 1847319718
Category : Law
Languages : en
Pages : 276
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Book Description
Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Author: Douglas Laycock
Publisher: Oxford University Press, USA
ISBN: 0195063562
Category : Equitable remedies
Languages : en
Pages : 375
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Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author: Charles L. Knapp
Publisher: Aspen Publishing
ISBN: 1543844715
Category : Law
Languages : en
Pages : 478
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Book Description
EBOOK RUL CONT LAW STAT SUPP - 23-24
Author: Andrew S. Burrows
Publisher: Oxford University Press
ISBN: 0199296529
Category : Law
Languages : en
Pages : 789
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Book Description
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Author: Elise Bant
Publisher: Edward Elgar Publishing
ISBN: 1788114264
Category : Law
Languages : en
Pages : 535
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Book Description
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Author: Andrew S. Gold
Publisher:
ISBN: 0190919663
Category : Law
Languages : en
Pages : 640
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Book Description
The Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Author: American Law Institute
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1044
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Book Description
Author: Peter D. Maddaugh
Publisher:
ISBN: 9780779886708
Category :
Languages : en
Pages :
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Book Description
