Principles of the Law of Restitution
- ISBN-10
- 019876376X
- ISBN-13
- 9780198763765
- Category
- Restitution
- Pages
- 800
- Language
- English
- Published
- 1999
- Publisher
- Clarendon Press
- Author
- Graham Virgo
Description
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles havein fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned withthe question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There arethree such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book should beinvaluable to students on restitution courses at every level.
Get the book
Other editions
Similar books
-
An Introduction to the Law of Restitution
By Peter BirksIt has recently been the subject of detailed consideration by Robert Goff , J. in Barclays Bank Ltd. v . W.J. Simms , Son and Cooke ( Southern ) Ltd. 27 In that case one of Barclays customers owed money to the defendant builders .
-
Restitution of Overpaid Tax
By Charles Christopher James Mitchell, Birke Häcker, Steven Ballantyne ElliottThese essays explore issues arising from the restitution of overpaid taxes from various perspectives including the tax background, various private law claims, alternative public law approaches, defences, and remedies.
-
Enrichment in the Law of Unjust Enrichment and Restitution
By Andrew V. M. Lodder"Enrichment is the key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.
-
The Law of Unjust Enrichment
By Gareth H. Jones, Robert Goff Baron Goff of ChieveleyThe book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition.
-
The Law of Restitution
By Gareth Jones, Robert Goff Baron Goff of ChieveleyThe Law of Restitution
-
The Law of Restitution
By Steve Hedley, Neil Allen, Margaret HalliwellThis book is a practical reference work, covering a wide range of topics in an area that has undergone rapid development.
-
Proprietary Consequences in Defective Transfers of Ownership
By Samuel ZoggThis book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property, such as mistaken payments.
-
The Law of Restitution
By John D. McCamus, Peter D. MaddaughThe Law of Restitution
-
Principles of the Law of Restitution in Singapore
By Hang Wu TangThis is the first book dedicated to the law of restitution in Snigapore providing an analysis of the principles of the law of restitution with reference to two distinct parts, namely, unjust enrichment and restitution for wrongs.
-
The Varieties of Restitution
By Ian McNeil Jackman" Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense.