Unjustified Enrichment: Key Issues in Comparative Perspective

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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.

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Editorial Reviews

From the Publisher
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

  • ISBN-13: 9780521187442
  • Publisher: Cambridge University Press
  • Publication date: 2/17/2011
  • 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
I Introduction
1 Unjustified enrichment: surveying the landscape 3
II Enrichment 'without legal ground' or unjust factor approach
2 Unjust factors and legal grounds 37
3 In defence of unjust factors 76
III Failure of consideration
4 Failure of consideration: myth and meaning in the English law of restitution 103
5 Failure of consideration 128
IV Duress and fraud
6 In defence of unjust factors: a study of rescission for duress, fraud and exploitation 159
7 Fraud, duress and unjustified enrichment: a civil-law perspective 194
V Change of position
8 Restitution without enrichment? Change of position and Wegfall der Bereicherung 227
9 Unwinding mutual contracts: restitutio in integrum v. the defence of change of position 243
VI Illegality
10 The role of illegality in the English law of unjust enrichment 289
11 Illegality as defence against unjust enrichment claims 310
VII Encroachment and restitution for wrongs
12 Reflections on the role of restitutionary damages to protect contractual expectations 327
13 Encroachments: between private and public 348
VIII Improvements
14 Mistaken improvements and the restitution calculus 369
15 Enrichment by improvements in Scots law 384
IX Discharge of another person's debt
16 Performance of another's obligation: French and English law contrasted 433
17 Payment of another's debt 458
X Third-party enrichment
18 'At the expense of the claimant': direct and indirect enrichment in English law 493
19 Searches for silver bullets: enrichment in three-party situations 526
XI Proprietary issues
20 Proprietary issues 571
21 Property, subsidiarity and unjust enrichment 588
XII Taxonomy
22 Taxonomy: does it matter? 627
23 Rationality, nationality and the taxonomy of unjustified enrichment 658
Index 730
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