Understanding Unjust Enrichment
Title | Understanding Unjust Enrichment PDF eBook |
Author | Jason W. Neyers |
Publisher | Hart Publishing |
Total Pages | 430 |
Release | 2004-04 |
Genre | Law |
ISBN | 1841134236 |
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
Understanding Unjust Enrichment
Title | Understanding Unjust Enrichment PDF eBook |
Author | Jason W. Neyers |
Publisher | Bloomsbury Publishing |
Total Pages | 430 |
Release | 2004-04-20 |
Genre | Law |
ISBN | 1847316905 |
This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
Enrichment in the Law of Unjust Enrichment and Restitution
Title | Enrichment in the Law of Unjust Enrichment and Restitution PDF eBook |
Author | Andrew Lodder |
Publisher | Bloomsbury Publishing |
Total Pages | 276 |
Release | 2012-07-06 |
Genre | Law |
ISBN | 1847319718 |
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.
Research Handbook on Unjust Enrichment and Restitution
Title | Research Handbook on Unjust Enrichment and Restitution PDF eBook |
Author | Elise Bant |
Publisher | Edward Elgar Publishing |
Total Pages | 544 |
Release | 2020-07-31 |
Genre | Law |
ISBN | 1788114264 |
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.
Defences in Unjust Enrichment
Title | Defences in Unjust Enrichment PDF eBook |
Author | Andrew Dyson |
Publisher | Bloomsbury Publishing |
Total Pages | 452 |
Release | 2016-01-14 |
Genre | Law |
ISBN | 1782256369 |
This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
Unjust Enrichment
Title | Unjust Enrichment PDF eBook |
Author | Hanoch Dagan |
Publisher | Cambridge University Press |
Total Pages | 216 |
Release | 1997-09-18 |
Genre | Law |
ISBN | 9780521584685 |
This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
Unjust Enrichment
Title | Unjust Enrichment PDF eBook |
Author | Linda Goetz Holmes |
Publisher | Stackpole Classics |
Total Pages | 224 |
Release | 2017-09-15 |
Genre | History |
ISBN | 9780811737067 |
The use of American POW's as slave labor by Japanese companies is the great unresolved issue of the Second World War in the Pacific. Unjust Enrichment provides a forum for American servicemen to tell their own stories, while Linda Holmes gives the reader the historic context to recognize the seriousness of the crimes. Bio: Linda Goetz Holmes has been interviewing and writing about World War II prisoners in the Pacific for over 30 years. She is the first historian appointed to the U.S. Government Interagency Working Group, formed in 1999 under the aegis of the National Archives to locate and declassify material about World War II war crimes.