The varieties of restitution
著者
書誌事項
The varieties of restitution
Federation Press, 1998
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
The law of restitution is commonly described in terms of a unifying principle of 'unjust enrichment at the plaintiff's expense'. Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been 'enriched' or where the plaintiff has suffered 'expense'. Demonstrating that there are several distinct concepts of 'injustice' at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions the fulfilment of non-contractual promises and the protection of the private legal facilities of proprietary rights and fiduciary relationships.In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
目次
Introduction Mistaken Payments Non-contractual mistakes Is there a right to restitution for the mistaken provision of benefits in kind? Contractual mistakes Interest as an incident of restitution Duress, Undue Influence and Unconscionable Bargains Payments Made on a Total Failure of Consideration Frustration Mistake in contract at common law Fundamental breach of contract Can the party in breach recover payments? Total failure of consideration of non-contractual payments Does the doctrine of total failure of consideration apply to benefits in kind? Voluntary Provision of Benefits in Kind Non-contractual promises Unenforceable and void contracts Anticipated contracts Contracts discharged by breach of frustration Voluntary payment of another's liabilities Non-voluntary Provision of Benefits in Kind Compulsory payment of another's legal liability Necessitous intervention Restitution for Wrongs The injustice of the enrichment Property and proprietary torts Relationships of trust and confidence Breach of contract Proprietary Claims and Proprietary Remedies Proprietary claims at common law Entitlement to proprietary remedies in equity The rules for tracing in equity Defences Change of position Illegality Restitutio in integrum A defence of "passing on" the loss? Table of Cases/ Table of Statutes/ Index
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