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Unjustified Enrichment
Key Issues in Comparative Perspective

$115.00 (P)

David Johnston, Reinhard Zimmermann, Sonja Meier, Thomas Krebs, Graham Virgo, Robin Evans-Jones, Katrin Kruse, Mindy Chen-Wishart, Jacques du Plessis, James Gordley, Philip Hellwege, Gerhard Dannemann, Janet O'Sullivan, Hanoch Dagan, Andrew Kull, James Wolfe, Simon Whittaker, Hector L. MacQueen, Peter Birks, Daniel Visser, George Gretton, Lionel Smith, Ewan McKendrick, Niall R. Whitty
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  • Date Published: February 2011
  • availability: Available
  • format: Paperback
  • isbn: 9780521187442

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About the Authors
  • 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
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    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

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    Product details

    • Date Published: February 2011
    • format: Paperback
    • isbn: 9780521187442
    • length: 792 pages
    • dimensions: 229 x 152 x 44 mm
    • weight: 1.14kg
    • availability: 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.

  • Editors

    David Johnston, University of Edinburgh

    Reinhard Zimmermann, Universität Regensburg, Germany

    Contributors

    David Johnston, Reinhard Zimmermann, Sonja Meier, Thomas Krebs, Graham Virgo, Robin Evans-Jones, Katrin Kruse, Mindy Chen-Wishart, Jacques du Plessis, James Gordley, Philip Hellwege, Gerhard Dannemann, Janet O'Sullivan, Hanoch Dagan, Andrew Kull, James Wolfe, Simon Whittaker, Hector L. MacQueen, Peter Birks, Daniel Visser, George Gretton, Lionel Smith, Ewan McKendrick, Niall R. Whitty

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