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The Use and Abuse of Unjust Enrichment: Essays on the Law of Restitution

ISBN13: 9780198254256
ISBN: 0198254253
Published: April 1991
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £107.50

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The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion.

This is therefore an appropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on many of its most keenly disputed controversies. For this collection the author has chosen a number of previously published and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central to the law of restitution.

This book is intended for practising and academic lawyers, scholars of the law of obligations, undergraduate and post-graduate law students.

Table of cases
Table of Statutes
What can restitution do for you?
Benefit, reliance, and the structure of unjust enrichment
Discharge for breach: instalments, deposits, and other payments due before completion
Gap-filling and risk reversal
Duress, restitution, and contract renegotiation
Mistaken payments in the Law of Restitution
Unrequested payment of another's debt
The nature of Waiver of Tort
Unfinished business. Integrating equity