Synopses & Reviews
This book seeks to analyze the law of restitution, namely that body of law which is concerned with the award of remedies which are assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims which are founded on unjust enrichment, but also considers the award of restitutionary remedies following the commission of a wrong and claims involving the recovery of the claimant's property. The law is analyzed by focusing on the principles which underpin the subject.
Table of Contents
I The Fundamental Principles 1. The Essence of Restitution
2. Themes and Controversies
II Unjust Enrichment
3. The Principle of Unjust Enrichment
4. Enrichment
5. At the Expense of the Plaintiff
III The Grounds of Restitution for the Purpose of Establishing Unjust Enrichment
6. Principles Underlying the Recognition of Grounds of Restitution
7. Ignorance
8. Mistake
9. Compulsion
10. Exploitation
11. Necessity
12. Failure of Comsideration
13. Incapacity
14. Restitution from Public Authorities
IV Restitution for Wrongs
15. General Principles
16. Restitution for Torts
17. Restitution for Breach of Contract
18. Restitution for Equitable Wrongdoing
19. Criminal Offences
V Proprietary Restitutionary Claims
20. Establishing Proprietary Restitutionaroy Claims
21. Restitutionary Claims and Remedies to Vindicate Property Rights
22. The Defence of Bona Fide Purchase
VI The General Defences and Bars to Restitutionary Claims
23. Fundamental Principles and General Bars
24. Defences Arising from Changes in the Defendant's Circumstances
25. Passing on and Mitigation of Loss
26. Illegality
27. Incapacity
28. Limitation Periods and Laches