The law of restitution
Author(s)
Bibliographic Information
The law of restitution
Butterworths, 1993
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
- 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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