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OverviewFull Product DetailsAuthor: Andrew Burrows FBA, QC (hon) (Professor of the Law of England, Oxford University)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.60cm , Height: 1.20cm , Length: 23.30cm Weight: 0.330kg ISBN: 9780199669905ISBN 10: 0199669902 Pages: 216 Publication Date: 29 November 2012 Audience: Professional and scholarly , Professional & Vocational Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsIntroduction 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 CommentaryReviewsROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this. Kit Barker, Oxford Journal of Legal Studies Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore facinating area of law ... This in our view is an important book of direct relevance for practicioners, academics and the judiciary alike. Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers This slender and elegantly written volume makes a remarkable and valuable contribution to the literature of the English law of restitution ... The highest compliment that can be paid to a work of this kind by a reviewer is to indicate that the reviewer both enjoyed reading the volume and profited greatly from doing so. * Andrew Burrows, Canadian Business Law Journal * ROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this. * Kit Barker, Oxford Journal of Legal Studies * Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers * Author InformationAndrew 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 Tab Content 6Author Website:Countries AvailableAll regions |
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