The law of restitution
著者
書誌事項
The law of restitution
Butterworths, 1993
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
Restitution is increasingly covered at undergraduate level in courses on contract, tort, common law and obligations and it is for students of this level that this text is intended. It presents the law of restitution and the issues raised by it, provides a critical assessment of the views of leading writers and suggests ways for improving the law.
目次
- Fundamental ideas
- Two difficult techniques - tracing and subrogation
- Mistake
- Ignorance
- Duress
- Exploitation
- Legal compulsion - compulsory discharge of another's legal liability
- necessity
- Failure of consideration
- Incapacity as a ground for restitution
- Illegality as a ground for restitution
- Ultra vires demands by public authorities
- Retention of property belonging to the plaintiff without his consent
- Unjust enrichment by wrong doing
- Defences
- Miscellaneous issues - agency and the conflict of laws.
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