Synopses & Reviews
Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.
Synopsis
Comparative analyses of a range of key issues related to unjustified enrichment, an important area of private law.
Synopsis
Unjustified enrichment is an intellectually vital area of private law. This book analyses a range of key issues in a comparative context, considered both by a representative of a common-law and of a civil-law system, illuminating similarities or differences between systems, and what different systems can learn from each other.
Synopsis
Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyses a range of key issues, considered both by a representative of a common-law, and a representative of a civil-law system. This approach illuminates both similarities or differences between systems, and what different systems can learn from each other. This will be valuable for academic analysis of the law and its development by the courts.
Table of Contents
Part I: 1. Introduction David Johnston and Reinhard Zimmermann: Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach? 2. Unjust factors and legal grounds Sonja Meier; 3. In defence of unjust factors Thomas Krebs; Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo; 5. Failure of consideration Robin Evans-Jones and Katrin Kruse; Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart; 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis; Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley; 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege; Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann; Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan; 13. Encroachments: between private and public Hanoch Dagan; Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull; 15. Enrichment by improvements in Scots law James Wolfe; Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker; 17. Payment of another's debt Hector L. MacQueen; Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks; 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser; Part XI. Proprietary Issues: 20. Proprietary issues George Gretton; 21. Property, subsidiarity, and unjust enrichment Lionel Smith; Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick; 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.