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The Principles of the Law of Restitution (4th edn)

Online ISBN:
9780191993954
Print ISBN:
9780198885320
Publisher:
Oxford University Press
Book

The Principles of the Law of Restitution (4th edn)

Graham Virgo
Graham Virgo
University of Cambridge, Pro-Vice Chancellor
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Published online:
20 June 2024
Published in print:
25 April 2024
Online ISBN:
9780191993954
Print ISBN:
9780198885320
Publisher:
Oxford University Press

Abstract

This book provides detailed exposition and analysis of the Law of Restitution, encompassing the Law of Unjust Enrichment, Restitution for Wrongs, and Proprietary Restitutionary Claims. It is primarily doctrinal with a focus on clear exposition of a complex area of law and critical analysis of the law and its development. This edition has been substantially rewritten to reflect the significant changes in the Law, particularly the Law of Unjust Enrichment, and the expansion in the theoretical and critical commentary on the subject since the publication of the last edition in 2015. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, lawful bases for receipt, and compulsion. Part III Restitution for Wrongs has been significantly rewritten to reflect important developments in the law and thinking about its operation. Chapters on absence of intention as a ground of restitution and the defence of illegality have been completely rewritten. References to developments in other Common Law jurisdictions have been expanded, particularly regarding Singapore and Australia. Further analysis of controversies about the justification for the Law of Unjust Enrichment has been substantially developed. However, one significant aspect of the book remains unchanged: the focus on the identification and analysis of the principles which underpin the Law of Restitution as a whole, but with reference to its three distinct parts. This tripartite division continues to reflect the law as it is applied and developed by the courts.

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