Cases and Materials on the Law of Restitution
Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject.Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: * what is an enrichment? * was the enrichment at the claimant's expense? * what is the role of tracing? * when will proprietary restitution be granted? * when does change of position operate as a defence? * and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.
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LibraryThing Reviewביקורת משתמש - keylawk - LibraryThing
Essential Elements: 1. Is Defendant benefitted? (enriched) 2. Is Plaintiff harmed? (at Pl's expense) 3. Was the enrichment unjust? 4. Are there Defenses? Defenses include Change of Position ... קרא סקירה מלאה