Unjust enrichment and the law of contract
Author(s)
Bibliographic Information
Unjust enrichment and the law of contract
Kluwer Law International, c2001
Available at 10 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references
Description and Table of Contents
Description
Increasingly, in both common law and civil law jurisdictions, lawyers are seeking to formulate a law of restitution that can provide a reliable remedy in unjust enrichment actions. This pursuit has generated renewed interest in how the law of obligations should be divided. The movement can be seen as both a product of the recent calls for, and recognition of, an English law of restitution and a consequence, in civil law jurisdictions (where traditionally taxonomy has been taken far more seriously), of the modern quest for a general remedy which will overcome the widely-felt disadvantages of existing alternatives. This collection of essays is concerned with these modern developments. It identifies what constitutes unjust enrichment at the plaintiff's expense, and its available remedies, in a number of jurisdictions. Authors explore the boundaries between the law of restitution, the law of torts and the law of contract. Their analyses reveal how the principle of restitution has permeated, hesitatingly at first and then with greater force, on a case-by-case basis, not only private law but also administrative law, criminal law and other branches of the law.
In the final analysis, unjust enrichment proves to be anything but a Trojan horse smuggled into the well-built structure of the law of obligations; it is a fully-fledged course of action deserving an appropriate and satisfactory remedy. Scholars and jurists from 13 countries met in Amsterdam on 18-20 October 2000, for a conference commemorating the late Professor Marcel Henri Bregstein (1900-1957). This book, which presents revised versions of the papers read during this conference, seeks to clarify the status and primary trends in this important area of legal theory and practice.
Table of Contents
- Unjust enrichment - a historical and comparative overview from a European perspective, E.J.H. Schrage
- memories of Marcel Henri Bregstein (1900-1957), H. Ankum
- unjust enrichment alongside contracts and torts, A.S. Hartkamp
- unjust enrichment in English law, D. Ibbetson
- Austrian law of unjust enrichment, M. Lehmert, M. Rainer
- restitution and mistaken payments, M.W. Scheltema
- current questions in the German law of enrichment, M.J. Schermaier
- the position of third parties in enrichment law, H.C.F. Schoordijk
- unjust enrichment - the relative value of statutory provisions, W. Snijders
- unjust enrichment in the relation government and citizen, I.C. van der Vlies
- the policy against accumulation as an unjust factor, S. Degeling
- restitutionary and disgorging proprietary awards for wrongs, J.J. Edelman
- lex rhodia and unjust enrichment, V. Heutger
- disgorgement for breach of contact - the search for a principled relationship, M. McInnes
- restitutionary claims arising on contractual termination, P. Jaffey
- compensation for improvements by tenants in South African law - some historical and comparative considerations, C.M. Jooste
- unjust enrichment as a criminal law conception
- retribution as restitution for victims of crime, H.J.R. Kaptein
- the mutual offence against law and public policy under section 817 sentence 2 civil code, B.R. Kern
- stable claims and stable defences - change of position and disenrichment in England and Germany, T. Krebs
- unjust enrichment and insurance, F.H.J. Mijnssen
- the interface between state aid, unjust enrichment and private international law, B.J. Rodger
- restitution and maritime law, F.D. Rose
- keeping it simple - New Zealand's code of contractual mistake, R. Sutton, jurisdiction over a claim for restitution of benefits conferred under a void contract - under the Brussels Convention, K. Takahashi
- comment on the development of the Institution of Unjust Enrichment (contribution of Brno Law School to the Institution of Unjust Enrichment), R. Vesela
- the relation of unjust enrichment to other concepts, S.M. Waddams
- unjustified enrichment and obligations to undo a received prestation, H.W. Wiersma
- some remarks on substitution of property and unjust enrichment in European legal history, L. Winkel.
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