CiNii Books - The principles of the law of restitution

The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

Table of Contents

I THE FUNDAMENTAL PRINCIPLES
1. The Essence of Restitution
2. Themes and Controversies
II UNJUST ENRICHMENT
3. The Principle of Unjust Enrichment
4. Enrichment
5. At the Expense of the Plaintiff
III THE GROUNDS OF RESTITUTION FOR THE PURPOSE OF ESTABLISHING UNJUST ENRICHMENT
6. Principles Underlying the Recognition of Grounds of Restitution
7. Ignorance
8. Mistake
9. Compulsion
10. Exploitation
11. Necessity
12. Failure of Comsideration
13. Incapacity
14. Restitution from Public Authorities
IV RESTITUTION FOR WRONGS
15. General Principles
16. Restitution for Torts
17. Restitution for Breach of Contract
18. Restitution for Equitable Wrongdoing
19. Criminal Offences
V PROPRIETARY RESTITUTIONARY CLAIMS
20. Establishing Proprietary Restitutionaroy Claims
21. Restitutionary Claims and Remedies to Vindicate Property Rights
22. The Defence of Bona Fide Purchase
VI THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS
23. Fundamental Principles and General Bars
24. Defences Arising from Changes in the Defendant's Circumstances
25. Passing on and Mitigation of Loss
26. Illegality
27. Incapacity
28. Limitation Periods and Laches

Volume: : pbk ISBN 9780199298501

Description

The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action: The reversal of the defendant's unjust enrichment The commission of a wrong by the defendant The vindication of the claimant's property rights Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

Table of Contents

I THE FUNDAMENTAL PRINCIPLES
1. The Essence of Restitution
2. Themes and Controversies
II UNJUST ENRICHMENT
3. The Principle of Unjust Enrichment
4. Enrichment
5. At the Expense of the Claimant
III THE GROUNDS OF RESTITUTION FOR THE PURPOSE OF ESTABLISHING UNJUST ENRICHMENT
6. Principles Underlying the Recognition of the Grounds of Restitution
7. Ignorance
8. Mistake
9. Compulsion
10. Exploitation
11. Necessity
12. Failure of Comsideration
13. Incapacity
14. Restitution from Public Authorities
IV RESTITUTION FOR WRONGS
15. General Principles
16. Restitution for Torts
17. Restitution for Breach of Contract
18. Restitution for Equitable Wrongdoing
19. Criminal Offences
V PROPRIETARY RESTITUTIONARY CLAIMS
20. Establishing Proprietary Restitutionaroy Claims
21. Restitutionary Claims and Remedies to Vindicate Property Rights
22. The Defence of Bona Fide Purchase
VI THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS
23. Fundamental Principles and General Bars
24. Defences Arising from Changes in the Defendant's Circumstances
25. Passing on and Mitigation of Loss
26. Illegality
27. Incapacity
28. Limitation Periods and Laches

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The principles of the law of restitution

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