The Principles of the Law of Restitution (4th edn)
The Principles of the Law of Restitution (4th edn)
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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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Front Matter
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Part I The Fundamental Principles of The Law of Restitution
Graham Virgo -
Part II Unjust Enrichment
Graham Virgo-
3
Unjust Enrichment: History and Theory
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4
Enrichment
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5
At The Expense of The Claimant
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6
Principles Underlying The Recognition of The Grounds of Restitution
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7
Legally Effective Bases
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8
Absence of Intent
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9
Mistake
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10
Compulsion
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11
Exploitation
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12
Necessity
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13
Failure of Basis
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14
Incapacity
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15
Restitution from Public Authorities
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3
Unjust Enrichment: History and Theory
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Part III Restitution for Wrongs
Graham Virgo -
Part IV Proprietary Restitutionary Claims
Graham Virgo -
Part V General Defences to Restitutionary Claims
Graham Virgo -
End Matter
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