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The Scope and Structure of Unjust Enrichment: Hart Studies in Private Law

Autor Duncan Sheehan
en Limba Engleză Hardback – 21 feb 2024
This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as "necessity" should be excluded from the subject area. The book concludes with a treatment of defences.
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Specificații

ISBN-13: 9781509942442
ISBN-10: 1509942440
Pagini: 304
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.52 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Caracteristici

Leading commentator sets out a clearly articulated, measured view of unjust enrichment

Notă biografică

Duncan Sheehan is Professor of Business Law at the University of Leeds, UK.

Cuprins

1. Justifying Legal Concepts 2. The Structure of Unjust Enrichment in Comparative Perspective 3. Unity and Difference in Unjust Enrichment 4. Intent-Based Causes of Action I: Mistake, Duress, Undue Influence and Unconscionable Bargains 5. Intent-Based Causes of Action II: Failure and Absence of Basis 6. Policy Motivated Unjust Factors? 7. Proprietary Claims 8. Defences to Unjust Enrichment Claims 9. Conclusion