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Understanding Unjust Enrichment


ISBN13: 9781841134239
ISBN: 1841134236
Published: April 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This book is a collection of articles based on Understanding Unjust Enrichment, a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context.

The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Subjects:
Restitution
Contents:
1. Understanding Unjust Enrichment: An Introduction
Jason W. Neyers
2. The English Law of Restitution: A Ten-Year Review
Andrew Burrows
3. Unjust Enrichment (Dis)Contented
Gerald H.L. Fridman
4. Unjust Enrichment and Unconscionability in Australia: A False Dichotomy?
Michael Bryan
5. Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and its Reasons
Kit Barker
6. Unjust Enrichment and Corrective Justice
Dennis Klimchuk
7. Two Theories of Unjust Enrichment
Peter Jaffey
8. Enrichment Revisited
Mitchell McInnes
9. Planting Another’s Field: Unrequested Improvements Under Jewish Law
Ernest J. Weinrib
10. Unrequested Benefits in German Law
Thomas Krebs
11. Tracing and Unjust Enrichment
Robert Chambers
12. Disgorgement for Breach of Contract and Corrective Justice: An Analysis in Outline
Peter Benson
13. Characterisation of Unjust Enrichment in the Conflict of Laws
Stephen G.A. Pitel
14. Restitution on Dissolution of Marital and Other Intimate Relationships: Constructive Trust or Quantum Meruit?
John D. McCamus
15. Legitimating ‘Legitimate Expectations’: A Case Study on Filial Responsibility
Can Parents Recover for Supporting Their Children at University?
Jeffrey B. Berryman
16. The Relation of Unjust Enrichment to Other Legal Concepts
Stephen Waddams"
"1. Understanding Unjust Enrichment: An Introduction
Jason W. Neyers
2. The English Law of Restitution: A Ten-Year Review
Andrew Burrows
3. Unjust Enrichment (Dis)Contented
Gerald H.L. Fridman
4. Unjust Enrichment and Unconscionability in Australia: A False Dichotomy?
Michael Bryan
5. Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and its Reasons
Kit Barker
6. Unjust Enrichment and Corrective Justice
Dennis Klimchuk
7. Two Theories of Unjust Enrichment
Peter Jaffey
8. Enrichment Revisited
Mitchell McInnes
9. Planting Another’s Field: Unrequested Improvements Under Jewish Law
Ernest J. Weinrib
10. Unrequested Benefits in German Law
Thomas Krebs
11. Tracing and Unjust Enrichment
Robert Chambers
12. Disgorgement for Breach of Contract and Corrective Justice: An Analysis in Outline
Peter Benson
13. Characterisation of Unjust Enrichment in the Conflict of Laws
Stephen G.A. Pitel
14. Restitution on Dissolution of Marital and Other Intimate Relationships: Constructive Trust or Quantum Meruit?
John D. McCamus
15. Legitimating ‘Legitimate Expectations’: A Case Study on Filial Responsibility
Can Parents Recover for Supporting Their Children at University?
Jeffrey B. Berryman
16. The Relation of Unjust Enrichment to Other Legal Concepts
Stephen Waddams