Unjustified Enrichment: Key Issues in Comparative Perspective

Unjustified Enrichment: Key Issues in Comparative Perspective

by David Johnston
     
 

ISBN-10: 0521187443

ISBN-13: 9780521187442

Pub. Date: 02/17/2011

Publisher: Cambridge University Press

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…  See more details below

Overview

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.

Product Details

ISBN-13:
9780521187442
Publisher:
Cambridge University Press
Publication date:
02/17/2011
Edition description:
Reissue
Pages:
792
Product dimensions:
6.00(w) x 8.90(h) x 1.80(d)

Table of Contents

List of contributors
Preface
Table of cases
List of abbreviations
IIntroduction
1Unjustified enrichment: surveying the landscape3
IIEnrichment 'without legal ground' or unjust factor approach
2Unjust factors and legal grounds37
3In defence of unjust factors76
IIIFailure of consideration
4Failure of consideration: myth and meaning in the English law of restitution103
5Failure of consideration128
IVDuress and fraud
6In defence of unjust factors: a study of rescission for duress, fraud and exploitation159
7Fraud, duress and unjustified enrichment: a civil-law perspective194
VChange of position
8Restitution without enrichment? Change of position and Wegfall der Bereicherung227
9Unwinding mutual contracts: restitutio in integrum v. the defence of change of position243
VIIllegality
10The role of illegality in the English law of unjust enrichment289
11Illegality as defence against unjust enrichment claims310
VIIEncroachment and restitution for wrongs
12Reflections on the role of restitutionary damages to protect contractual expectations327
13Encroachments: between private and public348
VIIIImprovements
14Mistaken improvements and the restitution calculus369
15Enrichment by improvements in Scots law384
IXDischarge of another person's debt
16Performance of another's obligation: French and English law contrasted433
17Payment of another's debt458
XThird-party enrichment
18'At the expense of the claimant': direct and indirect enrichment in English law493
19Searches for silver bullets: enrichment in three-party situations526
XIProprietary issues
20Proprietary issues571
21Property, subsidiarity and unjust enrichment588
XIITaxonomy
22Taxonomy: does it matter?627
23Rationality, nationality and the taxonomy of unjustified enrichment658
Index730

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