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The principles of the law of restitution

The principles of the law of restitution

Virgo, Graham

This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies

eBook, Electronic resource, Book. English.
2nd ed.
Published Oxford: Oxford University Press, c2006
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Details

Statement of responsibility: Graham Virgo
ISBN: 0191713619, 9780191713613, 9780199298501
Note: Description based on print version record.
Note: Previous ed.: 1999.
Note: Includes bibliographical references and index.
Physical Description: 1 online resource (lxi, 785 p.)
Subject: Restitution Great Britain.; Unjust enrichment Great Britain.

Contents

  1. I THE FUNDAMENTAL PRINCIPLES
  2. 1. The Essence of Restitution
  3. 2. Themes and Controversies
  4. II UNJUST ENRICHMENT
  5. 3. The Principle of Unjust Enrichment
  6. 4. Enrichment
  7. 5. At the Expense of the Claimant
  8. III THE GROUNDS OF RESTITUTION FOR THE PURPOSE OF ESTABLISHING UNJUST ENRICHMENT
  9. 6. Principles Underlying the Recognition of the Grounds of Restitution
  10. 7. Ignorance
  11. 8. Mistake
  12. 9. Compulsion
  13. 10. Exploitation
  14. 11. Necessity
  15. 12. Failure of Comsideration
  16. 13. Incapacity
  17. 14. Restitution from Public Authorities
  18. IV RESTITUTION FOR WRONGS
  19. 15. General Principles
  20. 16. Restitution for Torts
  21. 17. Restitution for Breach of Contract
  22. 18. Restitution for Equitable Wrongdoing
  23. 19. Criminal Offences
  24. V PROPRIETARY RESTITUTIONARY CLAIMS
  25. 20. Establishing Proprietary Restitutionaroy Claims
  26. 21. Restitutionary Claims and Remedies to Vindicate Property Rights
  27. 22. The Defence of Bona Fide Purchase
  28. VI THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS
  29. 23. Fundamental Principles and General Bars
  30. 24. Defences Arising from Changes in the Defendant's Circumstances
  31. 25. Passing on and Mitigation of Loss
  32. 26. Illegality
  33. 27. Incapacity
  34. 28. Limitation Periods and Laches

Description

The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text

in 1999.

The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action:

The reversal of the defendant's unjust enrichment

The commission of a wrong by the defendant

The vindication of the claimant's property rights

Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level,

practitioners and those engaged in research on the subject.