The use and abuse of unjust enrichment : essays on the law of restitution

書誌事項

The use and abuse of unjust enrichment : essays on the law of restitution

J. Beatson

Clarendon Press , Oxford University Press, 1991

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Includes bibliographical references and index

内容説明・目次

内容説明

The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion. This is therefore an appropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on many of its most keenly disputed controversies. For this collection the author has chosen a number of previously published and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central to the law of restitution.

目次

  • Abbreviations
  • Table of cases
  • Table of Statutes
  • What can restitution do for you?
  • Benefit, reliance, and the structure of unjust enrichment
  • Discharge for breach: instalments, deposits, and other payments due before completion
  • Gap-filling and risk reversal
  • Duress, restitution, and contract renegotiation
  • Mistaken payments in the Law of Restitution
  • Unrequested payment of another's debt
  • The nature of Waiver of Tort
  • Unfinished business. Integrating equity
  • Index

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