Cases and Materials on the Law of Restitution

Author:   Andrew Burrows (Professor of the Law of England and Fellow of All Souls College, University of Oxford) ,  Ewan McKendrick (Professor of English Private Law, University of Oxford) ,  James Edelman (CUF lecturer, University of Oxford)
Publisher:   Oxford University Press
Edition:   2nd Revised edition
ISBN:  

9780199296514


Pages:   1100
Publication Date:   14 December 2006
Format:   Paperback
Availability:   To order   Availability explained
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Cases and Materials on the Law of Restitution


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Overview

Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: BL what is an enrichment? BL was the enrichment at the claimant's expense? BL what is the role of tracing? BL when will proprietary restitution be granted? BL when does change of position operate as a defence? BL and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.

Full Product Details

Author:   Andrew Burrows (Professor of the Law of England and Fellow of All Souls College, University of Oxford) ,  Ewan McKendrick (Professor of English Private Law, University of Oxford) ,  James Edelman (CUF lecturer, University of Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 17.00cm , Height: 4.70cm , Length: 24.50cm
Weight:   1.454kg
ISBN:  

9780199296514


ISBN 10:   0199296510
Pages:   1100
Publication Date:   14 December 2006
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

1: Unjust enrichment and competing theories 2: The essential ingredients of a claim for restitution of an unjust enrichment 3: Mistake 4: Ignorance 5: Failure of consideration 6: Illegitimate pressure 7: Undue influence and exploitation of weakneess 8: Legal compulsion: compulsory discharge of another's legal liability 9: Necessity 10: Illegality as a ground for restitution 11: Incapacity as a ground for restitution 12: Ultra vires demands by public authorities 13: Tracing and Proprietary Restitution 14: Defences 15: Restitution for Wrongs

Reviews

Burrows and McKendrick is a model casebook. The layout and appearance of the material is excellent. At the beginning, there is a comprehensive and clear list of contents, which helpfully includes the names of all the cases and articles extracted within...As far as the material selected for inclusion is concerned, Burrows and McKendrick have done a difficult task extremely well...The authors are to be congratulated on an excellent book. With works of this calibre on the desks of our students, the future health of restitution will be assured.' --Lloyd's Maritime and Commerical Law Quarterly<br>


<br> Burrows and McKendrick is a model casebook. The layout and appearance of the material is excellent. At the beginning, there is a comprehensive and clear list of contents, which helpfully includes the names of all the cases and articles extracted within...As far as the material selected for inclusion is concerned, Burrows and McKendrick have done a difficult task extremely well...The authors are to be congratulated on an excellent book. With works of this calibre on the desks of our students, the future health of restitution will be assured.' --Lloyd's Maritime and Commerical LawQuarterly<p><br>


Author Information

Andrew Burrows QC is Professor of the Law of England University of Oxford, Fellow of All Souls College; Honorary Bencher of the Middle Temple; Recorder on the South-Eastern Circuit; and barrister at Fountain Court Chambers, London. Ewan McKendrick is Professor of English Private Law at the University of Oxford, Fellow of Lady Margaret Hall, and a member of Chambers at 3 Verulam Buildings, Gray's Inn. James Edelman is a CUF lecturer at the University of Oxford and Fellow of Keble College; Barrister, Western Australia; and Adjunct Professor of Law at the University of Western Australia.

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