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The Nature and Scope of Restitution

Autor Peter Jaffey
en Limba Engleză Hardback – 15 sep 2000
Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship!In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
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Specificații

ISBN-13: 9781901362480
ISBN-10: 1901362485
Pagini: 480
Dimensiuni: 156 x 234 x 37 mm
Greutate: 0.84 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities.

Notă biografică

Peter Jaffey is a Professor of Law at Brunel University.

Cuprins

Part I: Introduction1 Vitiated transfers, imputed contracts, and disgorgementPart II: Claims for payment: restitution and contracts2 Contract and exchange3 Imputed contracts and restitutionary claims for payment4 The use claimPart III: Reversing vitiated transfers: restitution and property5 The vitiating factors6 Vitiated transfers and contracts7 Change of position, surviving value and bona fide purchase8 Indirect recipients, three-party cases, and subrogation9 Restitution and property: a rational scheme10 Restitution and property: the rational scheme in actionPart IV: Disgorgement11 Disgorgement12 Disgorgement for breach of contract13 Fiduciary relationshipsAppendix 1: A note on right-liability primary relationsAppendix 2: A note on law, equity and fusion

Recenzii

to the extent that it is possible to raise dust in a sandstorm, this book will undoubtedly do so... the sophistication and originality of the ideas it contains demands a fuller account of Jaffey's vision that might be customary in a reviewradical new ideas come thick and fast.This is an original and highly ingenious book, which challenges us to reconsider our orthodox beliefs not simply about the law of restitution, but about much of private law. Its overtly provocative agenda makes it a stimulating readThe controversies and innovations come so thick and so fast at points as to leave the reader gasping for breath.anyone who is interested in the fascinating and highly complex operation of testing the underlying premises and boundaries of the modern law of restitution will wish to place this free-thinking, intricate and scholarly work on their menu.

Descriere

This book considers the principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities.