Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


A Restatement of the English Law of Unjust Enrichment (eBook)


ISBN13: 9780191648755
Published: November 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £41.24
The amount of VAT charged may change depending on your location of use.


The sale of some eBooks are restricted to certain countries. To alert you to such restrictions, please select the country of the billing address of your credit or debit card you wish to use for payment.

Billing Country:


Sale prohibited in
Korea, [North] Democratic Peoples Republic Of

Due to publisher restrictions, international orders for ebooks may need to be confirmed by our staff during shop opening hours. Our trading hours are Monday to Friday, 8.45am to 6.00pm, London, UK time.


The device(s) you use to access the eBook content must be authorized with an Adobe ID before you download the product otherwise it will fail to register correctly.

For further information see https://www.wildy.com/ebook-formats


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.

In stock.
Need help with ebook formats?




Also available as

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment.

Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics.

The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.

The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates.

Subjects:
Restitution, eBooks
Contents:
Introduction

PART ONE: A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT
1. General
Restitution for unjust enrichment
Enrichment at the claimant's expense
When the enrichment is unjust
Defences
Restitutionary rights
Prevention of anticipated unjust enrichment
2. Enrichment at the Claimant's Expense
Enrichment
At the claimant's expense: general
At the claimant's expense: tracing
3. When the Enrichment is Unjust
Mistake
Duress
Undue influence
Exploitation of weakness
Incapacity of the individual
Failure of consideration
Ignorance or powerlessness
Fiduciary's lack of authority
Legal compulsion
Necessity
Factors concerned with illegality
Unlawful obtaining or conferral of a benefit by a public authority
Financial institutions and constructive notice
4. Defences
Change of position
Estoppel
Agency as defence
Counter-restitution
Purchaser in good faith, for value and without notice
Illegality as a defence
Resolved disputes
Limitation
Special statutory defences: passing on and prevailing practice
Contractual or statutory exclusion of restitution
Affirmation
5. Restitutionary Rights
Personal right to a monetary restitutionary award
Other restitutionary rights
Subrogation

PART TWO
Commentary