Cases and materials on the law of restitution

著者

書誌事項

Cases and materials on the law of restitution

Andrew Burrows and Ewan McKendrick

Oxford University Press, 1997

  • : pbk
  • : hbk

大学図書館所蔵 件 / 全14件

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注記

Includes bibliographical references and index

内容説明・目次

巻冊次

: hbk ISBN 9780198762904

内容説明

This is a cases and materials book on one of the most topical areas of the common law - the law of restitution. It contains extracts from the leading cases, predominantly from the UK and the Commonwealth, together with some US cases. There are also extracts from the writings of some of the world's leading academic authorities on restitution law. These materials are supported by comments and notes written by the editors and there are also questions and notes on further reading. The components of this book form a thorough exploration of the law of restitution and should be essential reading for all students of the law in this area.

目次

  • Unjust enrichment
  • the essential ingredients of a restitutionary claim
  • mistake
  • ignorance
  • failure of consideration
  • illegitimate pressure
  • undue influence and exploitation of weakness
  • legal compulsion
  • compulsory discharge of another's debt
  • necessity
  • illegality as a ground for restitution
  • incapacity as a ground for restitution
  • Ultra Vires demands by public authorities
  • restitution for wrongs
  • tracing and proprietary restitution
  • defences.
巻冊次

: pbk ISBN 9780198762911

内容説明

Restitution is one of the most hotly debated and topical areas of the common law. Written by two leading commentators on the subject, this book of cases and materials contains extracts from the leading cases, predominantly from the UK and the Commonwealth. There are also extracts from the writings of some of the world's leading academic authorities on restitution law. These materials are supported by comments and notes written by the editors and there are also questions and notes on further reading. Clearly, the components of this book form a thorough exploration of the law of restitution and as such will be essential reading for all students of the law in this area. The layout of the book offers students and teachers the chance to learn the subject through studying the cases and extracts from articles published in scholarly journals. This is supported by the authors' expert commentary and there are also quations and notes on further reading.

目次

  • 1. Unjust Enrichment and Competing Theories
  • 2. The Essential Ingredients of a Restitutionary Claim
  • 3. Mistake
  • 4. Ignorance
  • 5. Failure of Consideration
  • 6. Illegitimate Pressure
  • 7. Undue Influence and Exploitation of Weakness
  • 8. Legal Compulsion: Compulsory Discharge of Another's Debt
  • 9. Necessity
  • 10. Illegality as a Ground for Restitution
  • 11. Incapacity as a Ground for Restitution
  • 12. Ultra Vires Demands by Public Authorities
  • 13. Restitution for Wrongs
  • 14. Tracing and Proprietary Restitution
  • 15. Defences

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