The law of restitution
著者
書誌事項
The law of restitution
Sweet & Maxwell, 1993
4th ed. / edited by Gareth Jones
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注記
Bibliography: p. 781-784
Includes index
内容説明・目次
内容説明
The law of restitution is the law relating to all claims which are founded upon the principle of unjust enrichment. Unjust enrichment can take place in many everyday situations, from receiving too much money from the bank due to a mistake to obtaining benefits from illegal telephone tapping. The object of a restitutionary claim is to restore to the plaintiff the benefit which the defendant has unjustly gained at his expense. Such claims can be legal or equitable. This book is divided into three parts. Part 1 is an introduction to the general principles and includes explanations of the terminology. Part 2 identifies the various rights to restitution, setting out in which situations these would arise. Part 3 deals with the defences available. The authors cover topics such as trusts, admiralty and commercial law. The law of restitution is a constantly developing area. The new edition is up to date to August 1993 and incorporates many new cases, including the important House of Lords decisions in Lipkin Gorman v. Karpnale Ltd (1991) and Woolwich Equitable Building Society v. IRC (1991).
目次
- Part 1 Introduction. Part 2 The right to restitution: where the defendant has acquired a benefit from or by the act of the plaintiff
- mistake
- compulsion
- necessity
- ineffective transactions
- where the defendant has acquired from a third party a benefit for which he must account to the plaintiff
- where the defendant has acquired a benefit through his own wrongful act. Part 3 Defences.
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