The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
The very different views of academics as to the nature and ambit of the subject are also identified. This book will beinvaluable to students on restitution courses at every level.
The very different views of academics as to the nature and ambit of the subject are also identified. This book should beinvaluable to students on restitution courses at every level.
This is the first book dedicated to the law of restitution in Snigapore providing an analysis of the principles of the law of restitution with reference to two distinct parts, namely, unjust enrichment and restitution for wrongs.
It has recently been the subject of detailed consideration by Robert Goff , J. in Barclays Bank Ltd. v . W.J. Simms , Son and Cooke ( Southern ) Ltd. 27 In that case one of Barclays customers owed money to the defendant builders .
383 Schmidt (Walter I) 8: Co, Re 298 F 314 (1923) ... 136 Scott V Nesbitt(1808)14 Ves 438, [1803-13] All ER Rep 216. ... 650 Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 . .. 125,138,141,142,172, 401 Shallcross v Wright ...
The Law of Restitution
The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples.
This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law.
" 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.
McHugh. JA. to. the. facts. of. Williams. v. Roffey. Brothers. (above,. 413). •. P. Birks,. 'The. Travails. of. Duress'. [1990]. LMCLQ. 342. Suppose, for example, that great importance were attached to encouraging responsibility in ...