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Enrichment in the Law of Unjust Enrichment and Restitution: Hart Studies in Private Law

Autor Andrew Lodder
en Limba Engleză Hardback – 5 iul 2012
Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
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Specificații

ISBN-13: 9781849463294
ISBN-10: 1849463298
Pagini: 276
Dimensiuni: 156 x 234 x 15 mm
Greutate: 0.55 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.The author argues that enrichment may be characterised as either factual or legal, and explores the consequences of that distinction.The book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment.Will be of interest to all those specialising in restitution and unjust enrichment.

Notă biografică

Andrew Lodder is a Barrister of the Honourable Society of the Inner Temple and Attorney and Counsellor-at-Law in the State of New York. He was formerly a Lecturer in Law at Keble College and St Catherine's College, Oxford.

Cuprins

1. Introduction I. Unjust Enrichment II. Restitution III. Methodology and Scope IV. Structure of the Book 2. Value, Rights and Obligations I. The Concept of Value II. The Concepts of Rights and Obligations III. The Concept of Wealth IV. The Relationship between the Concepts V. Conclusion 3. Bifurcating the Enrichment Inquiry I. The Meaning of Enrichment II. Overview of Factual Enrichment III. Overview of Legal Enrichment IV. Conclusion 4. Factual Enrichment I. The Historical Position II. Money III. Services IV. Goods V. Land VI. Release of Obligations VII. Conclusion 5. Legal Enrichment I. Resulting Trusts II. Rescission III. Rectification IV. Enrichment by Release of Obligations V. Conclusion 6. Freedom of Choice I. Rejecting Subjective Devaluation II. Proof of Choice of Benefit III. Incontrovertible Enrichment IV. Conclusion 7. Immediate and Extant Enrichment I. Immediate Enrichment in Factual Enrichment Cases II. Immediate Enrichment in Legal Enrichment Cases III. Conclusion 8. Conclusions and Implications I. Factual and Legal Enrichment II. Consequences III. Further Implications IV. Conclusion Bibliography I. Texts, Digests and Restatements II. Journal Articles and Book Chapters

Recenzii

..this book is so important. It unpacks enrichment in a clear, concise and digestible fashion. It presents a strong theoretical account, and aligns it with a detailed analysis of judicial decisions....a welcome addition to unjust enrichment scholarship. One hopes that the trend to which it belongs, of works unpacking and refining the different elements of restitution and unjust enrichment, will continue for many years to come.Eli BallLaw Quarterly ReviewVolume 129

Descriere

Enrichment is key to understanding the law of unjust enrichment and restitution.This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.