Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003.
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'...
First, the plaintiff must show that no juristic reason from an established category exists to deny recovery . ... Professor McInnes' (2012) 52 Canadian Business Law Journal 390 (responding to M McInnes, 'A Return to First Principles in ...
This short book explains clearly and concisely the uses and dangers of the doctrine.
Many American states have enacted legislation requiring finders to deposit the property in a designated place or to give notice that it has been found. Jesse Dukeminier and James E. Krier, Property(4th edn., NewYork, 1998), 124–5.
... (Lord Nicholls, expressly noting at [48] that the position may well be different where the loan is made jointly to husband and wife); see also UCB Group Ltd v Hedworth [2003] EWCA Civ 1717, [2003] 3 FCR 739 (loan made jointly to ...
This book provides an account of the reasons supporting these claims and how these reasons bear on the law's application and development --
For example, the seminal case of Kelly v Solari28 was pleaded as money had and received, as was Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd,29 the first English decision to recognise unequivocally the principle of unjust ...
'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim.
... and will hardly admit of any settled principle being confidently ascribed to them in respect to the obligation of returning money actually paid.9 At the very beginning of the 19th century when Sir William Evans wrote these words, ...