Unjustified Enrichment
Unjustified Enrichment
Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.
- Systematic coverage of this area of the law
- Comparative approach
- Useful both for academics and practitioners
Reviews & endorsements
Review of the hardback: 'There is an enormous amount of interesting argument and learning in this book.' Law Quarterly Review
Review of the hardback: '… an absorbing and magical read … it is the most comprehensive publication dealing with the key issues of the discipline on a comparative level … a must read for any comparatist and all enrichment and restitution enthusiasts. It succeeds brilliantly in its aims and is a very welcome new source of reference in my own library.' Edinburgh Law Review
Product details
June 2002Hardback
9780521808200
792 pages
237 × 159 × 53 mm
1.356kg
Available
Table of Contents
- Part I:
- 1. Introduction David Johnston and Reinhard Zimmermann
- Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach?:
- 2. Unjust factors and legal grounds Sonja Meier
- 3. In defence of unjust factors Thomas Krebs
- Part III. Failure of Consideration:
- 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo
- 5. Failure of consideration Robin Evans-Jones and Katrin Kruse
- Part IV. Duress and Fraud:
- 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart
- 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis
- Part V. Change of Position:
- 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley
- 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege
- Part VI. Illegality:
- 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann
- Part VII. Encroachment and Restitution for Wrongs:
- 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan
- 13. Encroachments: between private and public Hanoch Dagan
- Part VIII. Improvements:
- 14. Mistaken improvements and the restitution calculus Andrew Kull
- 15. Enrichment by improvements in Scots law James Wolfe
- Part IX. Discharge of Another Person's Debt:
- 16. Performance of another's obligation: French and English law contrasted Simon Whittaker
- 17. Payment of another's debt Hector L. MacQueen
- Part X. Third Party Enrichment:
- 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks
- 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser
- Part XI. Proprietary Issues:
- 20. Proprietary issues George Gretton
- 21. Property, subsidiarity, and unjust enrichment Lionel Smith
- Part XII. Taxonomy:
- 22. Taxonomy: does it matter? Ewan McKendrick
- 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.
