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: 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.

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