Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.
This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers original contributions from leading private law theorists examining the philosophical foundations of the law.
In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and ...
Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitutionwill prove indispensable to academics and researchers in the field of private and commercial law.
Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives.
He contends that the 'empirically grounded and socially constructed [conception of childhood] ... provides the foundation for the “special” human rights that are granted to children under international law'.55 As I argue above, however, ...
As he sees matters, then, it is the function of governments to promote the quality of life, including the moral quality of life, of those whose lives and actions the government can affect.63 Governments as a matter of principle need not ...
81 Gilbert v Knight [1968] 2 All ER 248 (CA). 82Ibid 251 (Davies LJ). 83 Brenner v First Artists' Management Pty Ltd [1993] 2 VR 221 (VSC) 260 (Byrne J). See also Angelopoulos v Sabatino [1995]65 SASR 1 (SASC).
If there is no meaningful sense in which the promise principle is the foundation of contract law, then there is reason to doubt in general that areas of law are differentiated in terms of their normative foundations.
In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law.
This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions.