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Restitution: Routledge Revivals

Editat de Lionel Smith
en Limba Engleză Hardback – 30 noi 2017
This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.
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Specificații

ISBN-13: 9781138637573
ISBN-10: 1138637572
Pagini: 590
Dimensiuni: 162 x 244 x 38 mm
Greutate: 1.25 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Revivals

Locul publicării:Oxford, United Kingdom

Cuprins

Contents: Scope and Structure: Contract, tort and restitution - a satisfactory division or not? The province of the law of restitution, Lionel D. Smith; The law of restitution at the end of an epoch, Peter Birks. Autonomous Unjust Enrichment: The Nature of Enrichment: Restitutionary claims for services rendered, Gareth Jones; Unjust enrichment and unjust sacrifice, Samuel J. Stoljar; Benefit, reliance and the structure of unjust enrichment, Jack Beatson. Reasons for Restitution: The self-serving intermeddler, John P. Dawson; Necessitous intervention: the altruistic intermeddler and the law of restitution, John D. McCamus. Restitution and Contract: Restitution as a remedy for breach of contract, Andrew Kull; Enforcing Coasian bribes for non-price benefits: a new role for restitution?, Wendy J. Gordon and Tamer Frankel. Proprietary Restitution: The remedial constructive trust: a principled basis for priority over creditors, David M. Paciocco; Relationships 'tantamount to espousal', unjust enrichment and constructive trusts, Ralph E. Scane. Restitution for Wrongs: Restitution of benefits obtained through the appropriation of property or the commission of a wrong, Daniel Friedmann; The gains and losses of corrective justice, Ernest J. Weinrib; Name index.

Descriere

This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.