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9780199296514

Cases and Materials on the Law of Restitution

by ; ;
  • ISBN13:

    9780199296514

  • ISBN10:

    0199296510

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2007-03-01
  • Publisher: Oxford University Press

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Summary

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

Author Biography


Andrew Burrows QC is the Norton Rose Professor of Commercial Law at the University of Oxford, Fellow of St. Hugh's College; Honorary Bencher of the Middle Temple; Recorder on the South-Eastern Circuit; and barrister at Fountain Court Chambers, London.
Ewan McKendrick is Professor of English Private Law at the University of Oxford, Fellow of Lady Margaret Hall, and a member of Chambers at 3 Verulam Buildings, Gray's Inn.
James Edelman is a CUF lecturer at the University of Oxford and Fellow of Keble College; Barrister, Western Australia; and Adjunct Professor of Law at the University of Western Australia.

Table of Contents

Unjust enrichment and competing theories
The essential ingredients of a restitutionary claim
Mistake
Ignorance
Failure of consideration
Illegitimate pressure
Unde influence and exploitation of weakneess
Legal compulsion: compulsory discharge of another's legal liability
Necessity
Illegality as a ground for restitution
Incapacity as a ground for restitution
Ultra vires demands by public authorities
Tracing and Proprietary Restitution
Defences
Restitution for Wrongs
Table of Contents provided by Publisher. All Rights Reserved.

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