Unjustified Enrichment: Key Issues in Comparative Perspective

Hardcover (Print)
Buy New
Buy New from BN.com
Used and New from Other Sellers
Used and New from Other Sellers
from $182.89
Usually ships in 1-2 business days
(Save 20%)
Other sellers (Hardcover)
  • All (6) from $182.89   
  • New (4) from $211.56   
  • Used (2) from $182.89   


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.

Read More Show Less

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

Read More Show Less

Product Details

  • ISBN-13: 9780521808200
  • Publisher: Cambridge University Press
  • Publication date: 6/1/2002
  • Pages: 792
  • Lexile: 1660L (what's this?)
  • Product dimensions: 5.98 (w) x 8.98 (h) x 1.89 (d)

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.

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)