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Enrichment and Restitution in New Zealand

Autor C.E.F. Rickett, Ross Grantham
en Limba Engleză Hardback – 31 mai 2000
The Law of restitution has developed apace,taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which is not solely dependant on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theatrical organisation of the law and extends far beyond that jurisdiction.
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Specificații

ISBN-13: 9781901362923
ISBN-10: 1901362922
Pagini: 568
Dimensiuni: 156 x 234 x 44 mm
Greutate: 0.96 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This account of the law of restitution provides coherence in its relationships with other areas of private law. Although directed to New Zealand, the book is important to theoretical organisation of the law and extends far beyond that jurisdiction.

Notă biografică

Ross Grantham is Professor of Commercial Law at the University of Auckland, Research Centre for Business Law, New Zealand.Charles Rickett is Dean of the School of Law at the University of Queensland.

Cuprins

Part One-Conceptual Overview1 Unjust Enrichment-Two Available Models2 Unjust Enrichment-A Reconceptualisation3 Obligations and Property4 Restorable Enrichment and the Conceptual MapPart Two-The Principle of Restorable Enrichment5 Restorable Enrichment-The Central Concepts6 Defects in Legal Capacity7 Defects in Personal Capacity8 Defects in the Plaintiff's Consent9 Defects in the Plaintiff's Consent-The Defendant's ConductPart Three-Disputed Categories10 The Policy-oriented Cases11 Free Acceptance and Unconscientious Receipt12 Ignorance13 The Resulting TrustPart Four-Restorable Enrichment: The Defences14 Defences Denying Restoration15 Defences Denying Enrichment16 Defences Denying Enrichment at the Plaintiff's Expense17 Defences from Public PolicyPart Five-Restoration and Disgorgement18 Personal and Proprietary Restoration 39719 The Nature and Basis of Tracing20 The Nature and Role of Account21 Disgorgement

Descriere

An account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which depends on theory and contextual coherence.