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1. The Function and Ambit of General Defences 1. The Function and Ambit of General Defences
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(A) The Distinction between Defences and Denials (A) The Distinction between Defences and Denials
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(B) The Distinction between Defences and Bars (B) The Distinction between Defences and Bars
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(C) Timing (C) Timing
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2. Reasons for Recognizing Defences 2. Reasons for Recognizing Defences
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(A) Interpersonal Justice (A) Interpersonal Justice
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(B) External Justice (B) External Justice
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3. The Principles Underlying the General Defences 3. The Principles Underlying the General Defences
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(A) Enrichment-Related and Unjust-Related (A) Enrichment-Related and Unjust-Related
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(B) Public and Private (B) Public and Private
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(C) Rule-Based and Discretionary (C) Rule-Based and Discretionary
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(D) Personal and Proprietary (D) Personal and Proprietary
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4. Miscellaneous Defences 4. Miscellaneous Defences
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(A) Subjective Devaluation (A) Subjective Devaluation
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(B) Stultification of Statutory Policy (B) Stultification of Statutory Policy
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(C) Counter-Restitution (C) Counter-Restitution
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Cite
Abstract
This chapter identifies the principles which underpin the general defences to all, or almost all, restitutionary claims. It clarifies the use of terminology by distinguishing between defences and denials, defences and bars, and by clarifying matters of timing involved with these, and why these elements matters. The distinction between interpersonal justice and external justice is considered, as are a variety of different ways of characterizing the general defences, such as enrichment and unjust-related, public and private, rule-based and discretionary, personal and proprietary defences. At the end of the chapter, the particular defences of subjective devaluation, stultification of statutory policy, and counter-restitution are examined.
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