"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. This volume collects the most important elements of that literature, organized thematically, to show how the subject is developing and where it is likely to go in the future."--Provided by publisher.
Formatted Contents Note
part, I Scope and Structure chapter 1 Contract, Tort and Restitution-A Satisfactory Division or Not? / A. S. Burrows chapter 2 The Province of the Law of Restitution / Lionel D. Smith* chapter 3 The Law of Restitution at the End of an Epoch / Peter Birks† part, The Nature of Enrichment chapter 4 Restitutionary Claims for Services Rendered chapter 5 Unjust Enrichment and Unjust Sacrifice chapter 6 Benefit, Reliance, and the Structure of Unjust Enrichment part, Reasons for Restitution chapter 7 Harvard Law Review The Self-Serving Intermeddler chapter 8 Necessitous Intervention: The Altruistic Intermeddler and the Law of Restitution part, Restitution and Contract chapter 9 Article: Restitution as a Remedy for Breach of Contract chapter 10 Comment: Enforcing Coasian Bribes for Non-Price Benefits: A New Role for Restitution part, Proprietary Restitution chapter 11 The Remedial Constructive Trust: A Principled Basis for Priorities Over Creditors chapter 12 Relationships "Tantamount to Spousal", Unjust Enrichment, and Constructive Trusts part, II Autonomous Unjust Enrichment part, III Restitution for Wrongs chapter 13 Restitution of Benefits Obtained Through the Appropriation of Property or the Commission of a Wrong / Daniel Friedmann* chapter 14 Essay the Gains and Losses of Corrective Justice / Ernest J. Weinrib†.