Muutke küpsiste eelistusi

Principles of the Law of Restitution 3rd Revised edition [Kõva köide]

(Professor of English Private Law and Pro-Vice Chancellor for Education, University of Cambridge, and Fellow at Downing College, Cambridge)
  • Formaat: Hardback, 816 pages, kõrgus x laius x paksus: 251x181x51 mm, kaal: 1522 g
  • Ilmumisaeg: 13-Aug-2015
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198726384
  • ISBN-13: 9780198726388
Teised raamatud teemal:
  • Kõva köide
  • Hind: 226,00 €*
  • * saadame teile pakkumise kasutatud raamatule, mille hind võib erineda kodulehel olevast hinnast
  • See raamat on trükist otsas, kuid me saadame teile pakkumise kasutatud raamatule.
  • Kogus:
  • Lisa ostukorvi
  • Tasuta tarne
  • Lisa soovinimekirja
  • Formaat: Hardback, 816 pages, kõrgus x laius x paksus: 251x181x51 mm, kaal: 1522 g
  • Ilmumisaeg: 13-Aug-2015
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198726384
  • ISBN-13: 9780198726388
Teised raamatud teemal:
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject.

Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticizing that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically.

One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.

Arvustused

Review from previous edition ...a fine addition to the corpus of restitution literature, a book well worth owning and recommending to those studying restitution for the first time. * Duncan Sheehan, Restitution Law Review * ...in terms of user-friendliness it cannot be faulted...no detail is left unaccounted for... * James Couser, Lloyd's Maritime and Commercial Law Quarterly *

Table of Cases xv
Table of Legislation xl
Part I The Fundamental Principles Of The Law Of Restitution
1 The Essence Of Restitution
3(31)
1 What is the Law of Restitution About?
3(1)
2 What is the Nature of Restitutionary Remedies?
3(4)
3 When Will Restitutionary Remedies Be Awarded?
7(10)
4 What is the Justification for Recognizing an Independent Law of Restitution?
17(1)
5 The Principal Types of Restitutionary Remedy
18(16)
2 Themes And Controversies
34(11)
1 The Relevance of Fault
34(2)
2 Risk-Taking
36(1)
3 Respecting Autonomy
37(1)
4 The Nature of the Relationship Between the Parties
38(1)
5 The Principle Against Fictions
39(1)
6 The Role of Public Policy
39(1)
7 The Relationship Between Law and Equity
40(1)
8 Rules Versus Discretion
41(4)
Part II Unjust Enrichment
3 The Principle Of Unjust Enrichment
45(17)
1 A Brief History of the Law of Unjust Enrichment
45(6)
2 Justifying the Unjust Enrichment Principle
51(4)
3 The Function of the Unjust Enrichment Principle
55(3)
4 The Role of the Unjust Enrichment Principle in Practice
58(4)
4 Enrichment
62(42)
1 The Relevance of Enrichment
62(11)
2 Particular Types of Enrichment
73(5)
3 Methods of Defeating Subjective Devaluation
78(12)
4 Restitution Without Enrichment
90(4)
5 Part Performance of a Contract
94(1)
6 The Valuation of the Enrichment
95(9)
5 At The Expense Of The Claimant
104(16)
1 General Principles
104(1)
2 Direct and Indirect Enrichment
105(11)
3 Correspondence of Gain and Loss
116(4)
6 Principles Underlying The Recognition Of The Grounds Of Restitution
120(32)
1 Claimant-Oriented Grounds of Restitution
121(1)
2 Defendant-Oriented Grounds of Restitution
122(2)
3 Policy-Oriented Grounds of Restitution
124(1)
4 Four Additional Considerations
125(2)
5 Absence of Basis
127(6)
7 LAWFUL BASES
133(1)
1 Contract
133(11)
2 Discharge of a Debt
144(2)
3 Statutory Authority
146(1)
4 Res Judicata
147(1)
5 Natural Obligations
147(1)
6 Gifts
148(1)
7 Voluntary Transfers
149(3)
8 Ignorance
152(5)
1 Is Ignorance a Ground of Restitution?
152(1)
2 Relying on Ignorance as a Ground of Restitution
153(2)
3 Election Between Principles
155(1)
4 The Role of Ignorance as a Ground of Restitution
156(1)
9 Mistake
157(46)
1 General Principles
157(8)
2 Mistake as a Ground of Restitution
165(27)
3 Relief from Transactions Entered into Under Mistake
192(11)
10 Compulsion
203(52)
1 General Principles
203(3)
2 Duress
206(23)
3 Undue Pressure
229(4)
4 Legal Compulsion
233(20)
5 Threats to Secure the Performance of a Statutory Duty
253(2)
11 Exploitation
255(34)
1 General Principles
255(2)
2 Undue Influence
257(18)
3 Abuse of Fiduciary Relationships of Confidence
275(3)
4 Unconscionable Conduct
278(8)
5 The Parties Are Not Par Delictum
286(3)
12 Necessity
289(19)
1 General Principles
289(7)
2 Necessitous Intervention by a Stranger
296(5)
3 Agency and Other Pre-Existing Legal Relationships
301(4)
4 Necessity in the Context of Maritime Adventures
305(3)
13 Failure Of Basis
308(71)
1 General Principles
308(5)
2 Establishing Total Failure of Basis
313(19)
3 The Operation of Total Failure of Basis
332(23)
4 Partial Failure of Basis
355(12)
5 Void Transactions
367(12)
14 Incapacity
379(10)
1 General Principles
379(2)
2 The Categories of Incapacity
381(8)
15 Restitution From Public Authorities
389(26)
1 General Issues
389(5)
2 The Grounds of Restitution
394(12)
3 Particular Statutory Provisions
406(2)
4 Defences
408(7)
Part III Restitution For Wrongs
16 General Principles
415(29)
1 The Essence of Restitution for Wrongs
415(5)
2 The Principles Underlying the Award of Restitutionary Remedies for Wrongs
420(4)
3 The Types of Gain-Based Remedy for Wrongdoing
424(10)
4 Causation and Remoteness
434(4)
5 The Relationship Between Gain-Based and Compensatory Remedies for Wrongdoing
438(3)
6 The Available Defences for Restitution for Wrongs
441(2)
7 Recommendations for Reform
443(1)
17 Restitution For Torts
444(24)
1 General Principles
444(9)
2 Torts for Which Gain-Based Remedies are Available
453(13)
3 Is There a General Principle in Favour of the Award of Gain-Based Remedies for Torts?
466(2)
18 Restitution For Breach Of Contract
468(18)
1 General Principles
468(13)
2 Should Gain-Based Remedies Generally Be Available for Breach of Contract?
481(5)
19 Restitution For Equitable Wrongdoing
486(40)
1 General Principles
486(2)
2 The Categories of Equitable Wrongdoing
488(38)
20 Criminal Offences
526(31)
1 General Principles and Policies
526(1)
2 Restitutionary Claims Brought by the Victim
526(8)
3 Restitutionary Claims Brought by the State
534(8)
4 Denial of Benefits Arising from the Commission of Crimes
542(15)
Part IV Proprietary Restitutionary Claims
21 Establishing Proprietary Restitutionary Claims
557(74)
1 The Nature of Proprietary Restitutionary Claims
557(12)
2 Identification of the Proprietary Interest
569(38)
3 Following and Tracing
607(24)
22 Restitutionary Claims And Remedies To Vindicate Property Rights
631(25)
1 General Principles
631(1)
2 Proprietary Claims and Remedies
632(9)
3 Personal Claims and Remedies
641(15)
23 The Defence Of Bona Fide Purchase
656(7)
1 The Function of the Defence
656(1)
2 Ambit of the Defence
657(1)
3 Conditions for Establishing the Defence
658(1)
4 Operation of the Defence
659(4)
Part V General Defences To Restitutionary Claims
24 Fundamental Principles
663(3)
1 The Function and Ambit of General Defences
663(3)
25 Defences Arising From Changes In The Defendant's Circumstances
666(36)
1 Estoppel by Representation
666(8)
2 Transfer of a Benefit by an Agent to His or Her Principal
674(4)
3 Change of Position
678(24)
26 Passing On And Mitigation Of Loss
702(6)
1 Passing On
702(3)
2 Mitigation of Loss
705(3)
27 Illegality
708(18)
1 General Principles
708(5)
2 The Policies Underpinning the Illegality Defence
713(3)
3 Defining Turpitude
716(1)
4 Mechanisms for Excluding the Illegality Defence
717(6)
5 Serious Criminal Culpability
723(1)
6 The Preferred Approach
724(2)
28 Incapacity
726(8)
1 Questions of Policy
726(1)
2 Minority
727(3)
3 Mental Incapacity
730(1)
4 Institutional Incapacity
731(2)
5 Should a Defence of Incapacity Be Recognized?
733(1)
29 Limitation Periods And Laches
734(11)
1 Limitation Periods
734(7)
2 Laches
741(2)
3 Reform of the Law on Limitation Periods
743(2)
Bibliography 745(16)
Index 761
Graham Virgo is Professor in English Private Law and Pro-Vice Chancellor for Education at the University of Cambridge, and Fellow of Downing College, Cambridge. He is also a Bencher of Lincoln's Inn. After graduating from Downing College in 1987, and studying for the BCL at Oxford, he lectured in criminal law, taxation, Equity and restitution. His main research interests are the law of restitution, criminal law, and Equity. He is a recipient of The Pilkington Teaching Prize of Cambridge University in Law (2002), recognized for Outstanding Teaching in Law and was nominated in 2013 for the OUP Law Teacher of the Year award. He is author of The Principles of Equity and Trusts (2012) and co-author of Equity & Trusts: Text, Cases, and Materials (with Paul S Davies, 2013).