...This chapter examines general defences and bars, which are of general application to all, or almost all, restitutionary claims. Whereas a bar relates to the establishment of the cause of action, a defence only arises once the claimant has established the cause of action. Thus, the claimant bears...

... The Principles of the Law of Restitution . Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0025 This chapter examines those general defences to restitutionary claims which are concerned with changes in the defendant’s...

... circumstances precluding wrongfulness general defences Trade agreements increasingly contain provisions on sustainability that go beyond areas traditionally regulated by trade agreements, requiring the parties to adopt and enforce measures in domestic law and policy in areas as diverse as labour standards...

...This chapter attempts to establish that a conceptual grouping of equal importance to the definition of offences and general defences should be recognized: doctrines of imputation. It also discusses the doctrines that make up this conceptual group and demonstrates their shared operation in imputing...

..., it distinguishes between ‘incitements’, ‘conspiracies’, and ‘attempts’. Another instance of the draft criminal code's poor structuring is its provisions for general defences. The currently fashionable, but muddled, concept of ‘duress of circumstances’ is associated with ‘duress of threats’ and distinguished from...

...This chapter discusses the principles and theory underpinning the general defences to all restitutionary claims. It covers the distinction between defences and denials; the two fundamental principles underlying the general defences: that corrective justice favours the defendant retaining...

... The Principles of the Law of Restitution . Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0024 This chapter identifies the principles which underpin the general defences to all, or almost all, restitutionary claims...

... passing on mitigation of loss general defence changes in claimant’s circumstances general defences Whereas the defences of estoppel, ministerial receipt, and change of position are influenced by changes in the circumstances of the defendant, usually after they have received a benefit, the question...