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The Law of Restitution 3rd ed


ISBN13: 9780199296521
Previous Edition ISBN: 0406932441
Published: December 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £63.99



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Wildy's Book of the Month - December 2010

This book continues to provide the reader with comprehensive coverage of the subject including detailed examination of intensely practical subjects such as subrogation, the limitation of action and conflict of laws.

It also offers a detailed analysis of tracing and the debates concerning the 'knowing receipt' of property transferred in breach of trust, both of which have so perplexed practitioners and courts for the last two decades.

Subjects:
Restitution
Contents:
Part One - Fundamental Ideas
1: Introduction to unjust enrichment and restitution
2: Competing theories
3: Benefit
4: At the expense of the claimant
5: Unjust factors or absence of basis?
6: Tracing
7: Subrogation
8: Proprietary restitution

Part Two - Unjust Factors
9: Mistake
10: Duress
11: Undue influence
12: Exploitation of weakness
13: Incapacity as a ground for restitution
14: Failure of consideration
15: Ignorance
16: Legal compulsion: compulsory discharge of another's liability
17: Necessity
18: Illegality as a ground for restitution
19: Ultra vires demands by public authorities

Part Three - Defences
20: Change of position, estoppel and agency
21: Other defences

Part Four - Restitution For Wrongs
22: Introduction to restitution for wrongs
23: Restitution for torts
24: Restitution for breach of contract
25: Restitution for equitable wrongs
26: Defences to restitution for wrongs

Part Five - Conflict Of Laws
27: Conflict of laws;