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9781901362428

Restition Past Present and Future

by ; ; ;
  • ISBN13:

    9781901362428

  • ISBN10:

    1901362426

  • Format: Hardcover
  • Copyright: 1998-06-19
  • Publisher: Hart Publishing
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Summary

The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring.In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution.Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).

Author Biography

W.R.Cornish is Professor of English Law at the University of Cambridge and a Fellow of Magdalene College.
Janet O'Sullivan, Fellow of Selwyn College and Senior Lecturer in Law, University of Cambridge.
Richard Nolan is a Fellow of St John's College,Cambridge and a University Lecturer in Law.
GJ Virgo is Professor of English Private Law at the University of Cambridge and a Fellow of Downing College, Cambridge.

Table of Contents

Preface vii(2)
Table of Cases
ix
1 Misnomer
1(30)
Peter Birks
2 Misnomer: A Response
31(6)
Andrew Tettenborn
3 The History of Quasi-Contract in English Law
37(20)
J.H. Baker
4 The Later History of Restitution
57(6)
John H. Langbein
5 Propriety Restitutionary Claims
63(16)
Roy Goode
6 Three Questions on Proprietary Claims
79(8)
Sarah Worthington
7 Conflicts of Interest, Unjust Enrichment and Wrongdoing
87(40)
R.C. Nolan
8 Conflicts of Interest, Unjust Enrichment, and Wrongdoing: A Commentary
127(6)
David Fox
9 Restitution for Wrongs: The Basis of Liability
133(22)
Daniel Friedmann
10 Civil Disgorgement of Wrongdoers' Gains: The Temptation to Do Justice
155(8)
Neil Andrews
11 Work Done in Anticipation of a Contract Which Does Not Materialise
163(32)
Ewan McKendrick
12 Work Done in Anticipation of a Contract Which Does Not Materialise: A Response
195(4)
Steve Hedley
13 Restitution and Constructive Trusts
199(20)
Sir Peter Millett
14 Restitution and Constructive Trusts: A Commentary
219(12)
A.J. Oakley
15 Knowing Receipt: The Need for a New Landmark
231(16)
Lord Nicholls
16 Knowing Receipt: The Need for a New Landmark: Some Reflections
247(4)
Charles Harpum
17 Equitable Doctrine and Discretion In Remedies
251(24)
Paul Finn
18 Restitution in Canada
275(22)
Beverly McLachlin
19 Restitution in Canada: A Commentary
297(8)
J. Beatson
20 What is the Law of Restitution About?
305(26)
Graham Virgo
21 What is the Law of Restitution About: A Commentary
331(8)
William Swadling
Index 339

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