Understanding Unjust Enrichment

Overview

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...
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Overview

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.
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Product Details

  • ISBN-13: 9781841134239
  • Publisher: Hart Publishing (UK)
  • Publication date: 4/1/2004
  • Pages: 415
  • Product dimensions: 6.14 (w) x 9.40 (h) x 1.14 (d)

Table of Contents

Contributors
1 Understanding unjust enrichment : an introduction 1
2 The English law of restitution : a ten-year review 11
3 Unjust enrichment (dis)contented 35
4 Unjust enrichment and unconscionability in Australia : a false dichotomy? 47
5 Understanding the unjust enrichment principle in private law : a study of the concept and its reasons 79
6 Unjust enrichment and corrective justice 111
7 Two theories of unjust enrichment 139
8 Enrichment revisited 165
9 Planting another's field : unrequested improvements under Jewish Law 221
10 Unrequested benefits in German law 247
11 Tracing and unjust enrichment 263
12 Disgorgement for breach of contract and corrective justice : an analysis in outline 311
13 Characterisation of unjust enrichment in the conflict of laws 331
14 Restitution on dissolution of marital and other intimate relationships : constructive trust or quantum meruit? 359
15 Legitimating 'legitimate expectations' : a case study on filial responsibility; can parents recover for supporting their children at university? 383
16 The relation of unjust enrichment to other legal concepts 405
Index 409
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