Enrichment In The Law Of Unjust Enrichment And Restitution
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Enrichment in the Law of Unjust Enrichment and Restitution
Author | : Andrew Lodder |
Publsiher | : Bloomsbury Publishing |
Total Pages | : 276 |
Release | : 2012-07-06 |
Genre | : Law |
ISBN | : 9781847319715 |
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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.
Understanding Unjust Enrichment
Author | : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel |
Publsiher | : Hart Publishing |
Total Pages | : 430 |
Release | : 2004-04 |
Genre | : Law |
ISBN | : 9781841134239 |
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The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
The Law of Restitution
![The Law of Restitution](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Peter D. Maddaugh,John D. McCamus |
Publsiher | : Unknown |
Total Pages | : 135 |
Release | : 2018 |
Genre | : Electronic Book |
ISBN | : 0779886704 |
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Research Handbook on Unjust Enrichment and Restitution
Author | : Elise Bant,Kit Barker,Simone Degeling |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 544 |
Release | : 2020-07-31 |
Genre | : Law |
ISBN | : 9781788114264 |
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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.
Canadian Law of Unjust Enrichment and Restitution
![Canadian Law of Unjust Enrichment and Restitution](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Mitchell McInnes |
Publsiher | : Unknown |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Electronic Book |
ISBN | : 0433522739 |
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Enrichment in the Law of Unjust Enrichment and Restitution
Author | : Andrew V. M. Lodder |
Publsiher | : Unknown |
Total Pages | : 248 |
Release | : 2012 |
Genre | : Restitution |
ISBN | : 1472561198 |
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Unjustified Enrichment
Author | : David Johnston,Reinhard Zimmermann |
Publsiher | : Cambridge University Press |
Total Pages | : 802 |
Release | : 2002-04-18 |
Genre | : Law |
ISBN | : 113943263X |
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Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Restatement of the Law Restitution and Unjust Enrichment
Author | : American Law Institute |
Publsiher | : Unknown |
Total Pages | : 376 |
Release | : 2000 |
Genre | : Equitable remedies |
ISBN | : STANFORD:36105060649980 |
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Submitted by the Council to the members of the American Law Institute for discussion at the seventy-seventh annual meeting on May 15, 16, 17, and 18, 2000.