Research handbook on unjust enrichment and restitution /: edited by Elise Bant (professor of private law and commercial regulation, UWA Law School, the University of Western Australia and professorial fellow, Melbourne Law School, University of Melbourne), Kit Barker (professor of law, TC Beirne School of Law, University of Queensland) and Simone Degeling (professor of law, Faculty of Law, University of New South Wales, Australia).

Name: Research handbook on unjust enrichment and restitution / edited by Elise Bant (professor of private law and commercial regulation, UWA Law School, the University of Western Australia and professorial fellow, Melbourne Law School, University of Melbourne), Kit Barker (professor of law, TC Beirne School of Law, University of Queensland) and Simone Degeling (professor of law, Faculty of Law, University of New South Wales, Australia).
ISBN: 9781788114264

Bant, Elise,; Barker, Kit,; Degeling, Simone,; Edward Elgar Publishing,

Research handbook on unjust enrichment and restitution / edited by Elise Bant (professor of private law and commercial regulation, UWA Law School, the University of Western Australia and professorial fellow, Melbourne Law School, University of Melbourne), Kit Barker (professor of law, TC Beirne School of Law, University of Queensland) and Simone Degeling (professor of law, Faculty of Law, University of New South Wales, Australia).

Bant, Elise, editor.; Barker, Kit, editor.; Degeling, Simone, editor.; Edward Elgar Publishing, publisher.

2020

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Title

Research handbook on unjust enrichment and restitution / edited by Elise Bant (professor of private law and commercial regulation, UWA Law School, the University of Western Australia and professorial fellow, Melbourne Law School, University of Melbourne), Kit Barker (professor of law, TC Beirne School of Law, University of Queensland) and Simone Degeling (professor of law, Faculty of Law, University of New South Wales, Australia).

Added Author

Bant, Elise, editor.
Barker, Kit, editor.
Degeling, Simone, editor.

Added Corporate Author

Edward Elgar Publishing, publisher.

Imprint

Northampton : Edward Elgar Publishing, 2020.

Description

1 online resource (544 pages).

Series

Research handbooks in private and commercial law.

Formatted Contents Note

Table of Contents
1. The evolution of unjust enrichment law. theory and practice / Elise Bant, Kit Barker and Simone Degeling
Part I: History and comparative insights
2. Development at common law / David Ibbetson
3. Unjust enrichment: A comparative perspective and a critique / James Gordley
Part II: Taxonomy 4. Restitution and unjust enrichment / Andrew Kull
5. Restitution for wrongs / Craig Rotherham
6. Unjust enrichment and contract / Hang Wu Tang
7. Unjust enrichment and equity / Lusina Ho
8. Comparative/civilian perspectives / Helen Scott
Part III: Philosophical foundations
9. The corrective justice of liability for unjust enrichment / Ernest J Weinrib
10. Unjust enrichment and the forms of justice / Dennis Klimchuk
11. A law and economics perspective on restitution / Chris Wonnell
12. Autonomy, relational justice and the law of restitution / Hanoch Dagan
Part IV: Analytical structure
13. Enrichment / Mitchell McInnes
14. At the claimant's expense / Stephen Watterson
15. Unjust factors versus absence of juristic reason (causa) / Birke Häcker
16. Impaired intention unjust factors? / Mindy Chen-Wishart and Rory Gregson
17. Conditional intention as an unjust factor / Andrew Burrows
18. No intention to benefit / Michael Bryan
19. Other reasons for restitution / Charles Mitchell
Part V: Defences
20. A taxonomy of defences in restitution / Graham Virgo
21. Change of position-based defences / Ross GranthamT.H. Wu
22. Disenrichment in German law / Thomas Krebs
Part VI: Restitutionary remedies
23. Restitution, compensation and disgorgement / Katy Barnett
24. Proprietary restitution / Timothy Liau and Rachel Leow
Index.

Summary

"This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives"-- Provided by publisher.

Bibliography, etc. Note

Includes bibliographical references and index.

Source of Description

Description based on print record.

Location

www

Linked Resources

Access provided by Berkeley Law Library

Alternate Title

Elgaronline.

Language

English