Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: * what is an enrichment? * was the enrichment at the claimant's expense? * what is the role of tracing? * when will proprietary restitution be granted? * when does change of position operate as a defence? * and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providinga map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.
Hardbound - New, hardbound print book.
This study provides an account of the modern law of restitution which presents an alternative to the current academic orthodoxy based on the concepts in Birk's Introduction to Restitution.
Cases added include the Jones v. Clinton contempt case; a rescission case involving Jesse "The Body" Ventura; and an Internet right of privacy case involving videotapes of Pamela Anderson Lee...
The first casebook on restitution law to be published in Australia.
This classroom-tested casebook provides a thorough and accessible examination of the overarching policy themes and principles behind remedies law. Modern American Remedies: Cases and Materials, Fourth Edition, doesn t hide...
The text achieves a balance of public and private law, and teaches and critiques the basics of economic analysis as applied to remedies issues.