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xv | |
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xi | |
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PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION |
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1 The Essence of Restitution |
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3 | (31) |
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1 What is the Law of Restitution About? |
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3 | (1) |
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2 What is the Nature of Restitutionary Remedies? |
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3 | (4) |
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3 When Will Restitutionary Remedies Be Awarded? |
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7 | (10) |
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4 What is the Justification for Recognizing an Independent Law of Restitution? |
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17 | (1) |
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5 The Principal Types of Restitutionary Remedy |
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18 | (16) |
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2 Themes and Controversies |
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34 | (11) |
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34 | (2) |
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36 | (1) |
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37 | (1) |
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4 The Nature of the Relationship Between the Parties |
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38 | (1) |
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5 The Principle Against Fictions |
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39 | (1) |
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6 The Role of Public Policy |
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39 | (1) |
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7 The Relationship Between Law and Equity |
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40 | (1) |
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8 Rules Versus Discretion |
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41 | (4) |
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PART II UNJUST ENRICHMENT |
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3 The Principle of Unjust Enrichment |
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45 | (17) |
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1 A Brief History of the Law of Unjust Enrichment |
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45 | (6) |
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2 Justifying the Unjust Enrichment Principle |
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51 | (4) |
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3 The Function of the Unjust Enrichment Principle |
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55 | (3) |
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4 The Role of the Unjust Enrichment Principle in Practice |
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58 | (4) |
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62 | (42) |
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1 The Relevance of Enrichment |
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62 | (11) |
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2 Particular Types of Enrichment |
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73 | (5) |
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3 Methods of Defeating Subjective Devaluation |
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78 | (12) |
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4 Restitution Without Enrichment |
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90 | (4) |
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5 Part Performance of a Contract |
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94 | (1) |
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6 The Valuation of the Enrichment |
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95 | (9) |
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5 At the expense of the claimant |
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104 | (16) |
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104 | (1) |
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2 Direct and Indirect Enrichment |
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105 | (11) |
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3 Correspondence of Gain and Loss |
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116 | (4) |
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6 Principles Underlying the Recognition of the Grounds of Restitution |
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120 | (13) |
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1 Claimant-Oriented Grounds of Restitution |
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121 | (1) |
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2 Defendant-Oriented Grounds of Restitution |
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122 | (2) |
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3 Policy-Oriented Grounds of Restitution |
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124 | (1) |
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4 Four Additional Considerations |
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125 | (2) |
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127 | (6) |
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133 | (19) |
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133 | (11) |
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144 | (2) |
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146 | (1) |
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147 | (1) |
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147 | (1) |
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148 | (1) |
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149 | (3) |
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152 | (5) |
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1 Is Ignorance a Ground of Restitution? |
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152 | (1) |
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2 Relying on Ignorance as a Ground of Restitution |
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153 | (2) |
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3 Election Between Principles |
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155 | (1) |
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4 The Role of Ignorance as a Ground of Restitution |
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156 | (1) |
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157 | (46) |
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157 | (8) |
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2 Mistake as a Ground of Restitution |
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165 | (27) |
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3 Relief from Transactions Entered into Under Mistake |
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192 | (11) |
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203 | (52) |
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203 | (3) |
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206 | (23) |
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229 | (4) |
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233 | (20) |
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5 Threats to Secure the Performance of a Statutory Duty |
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253 | (2) |
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255 | (34) |
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255 | (2) |
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257 | (18) |
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3 Abuse of Fiduciary Relationships of Confidence |
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275 | (3) |
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278 | (8) |
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5 The Parties Are Not Par Delictum |
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286 | (3) |
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289 | (19) |
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289 | (7) |
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2 Necessitous Intervention by a Stranger |
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296 | (5) |
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3 Agency and Other Pre-Existing Legal Relationships |
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301 | (4) |
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4 Necessity in the Context of Maritime Adventures |
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305 | (3) |
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308 | (71) |
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308 | (5) |
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2 Establishing Total Failure of Basis |
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313 | (19) |
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3 The Operation of Total Failure of Basis |
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332 | (23) |
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4 Partial Failure of Basis |
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355 | (12) |
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367 | (12) |
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379 | (10) |
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379 | (2) |
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2 The Categories of Incapacity |
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381 | (8) |
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15 Restitution From Public Authorities |
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389 | (26) |
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389 | (5) |
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2 The Grounds of Restitution |
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394 | (12) |
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3 Particular Statutory Provisions |
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406 | (2) |
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408 | (7) |
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PART III RESTITUTION FOR WRONGS |
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415 | (29) |
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1 The Essence of Restitution for Wrongs |
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415 | (5) |
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2 The Principles Underlying the Award of Restitutionary Remedies for Wrongs |
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420 | (4) |
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3 The Types of Gain-Based Remedy for Wrongdoing |
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424 | (10) |
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4 Causation and Remoteness |
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434 | (4) |
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5 The Relationship Between Gain-Based and Compensatory Remedies for Wrongdoing |
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438 | (3) |
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6 The Available Defences for Restitution for Wrongs |
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441 | (2) |
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7 Recommendations for Reform |
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443 | (1) |
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444 | (24) |
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444 | (9) |
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2 Torts for Which Gain-Based Remedies are Available |
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453 | (13) |
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3 Is There a General Principle in Favour of the Award of Gain-Based Remedies for Torts? |
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466 | (2) |
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18 Restitution For Breach of Contract |
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468 | (18) |
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468 | (13) |
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2 Should Gain-Based Remedies Generally Be Available for Breach of Contract? |
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481 | (5) |
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19 Restitution For Equitable Wrongdoing |
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486 | (40) |
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486 | (2) |
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2 The Categories of Equitable Wrongdoing |
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488 | (38) |
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526 | (31) |
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1 General Principles and Policies |
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526 | (1) |
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2 Restitutionary Claims Brought by the Victim |
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526 | (8) |
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3 Restitutionary Claims Brought by the State |
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534 | (8) |
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4 Denial of Benefits Arising from the Commission of Crimes |
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542 | (15) |
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PART IV PROPRIETARY RESTITUTIONARY CLAIMS |
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21 Establishing Proprietary Restitutionary Claims |
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557 | (74) |
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1 The Nature of Proprietary Restitutionary Claims |
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557 | (12) |
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2 Identification of the Proprietary Interest |
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569 | (38) |
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607 | (24) |
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22 Restitutionary Claims and Remedies to Vindicate Property Rights |
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631 | (32) |
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631 | (1) |
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2 Proprietary Claims and Remedies |
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632 | (9) |
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3 Personal Claims and Remedies |
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641 | (15) |
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23 THE DEFENCE OF BONA FIDE PURCHASE |
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656 | (1) |
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1 The Function of the Defence |
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656 | (1) |
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657 | (1) |
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3 Conditions for Establishing the Defence |
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658 | (1) |
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4 Operation of the Defence |
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659 | (4) |
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PART V GENERAL DEFENCES TO RESTITUTIONARY CLAIMS |
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24 Fundamental Principles |
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663 | (3) |
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1 The Function and Ambit of General Defences |
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663 | (3) |
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25 Defences Arising From Changes in the Defendant's Circumstances |
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666 | (36) |
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1 Estoppel by Representation |
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666 | (8) |
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2 Transfer of a Benefit by an Agent to His or Her Principal |
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674 | (4) |
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678 | (24) |
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26 Passing on and Mitigation of Loss |
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702 | (6) |
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702 | (3) |
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705 | (3) |
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708 | (18) |
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708 | (5) |
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2 The Policies Underpinning the Illegality Defence |
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713 | (3) |
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716 | (1) |
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4 Mechanisms for Excluding the Illegality Defence |
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717 | (6) |
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5 Serious Criminal Culpability |
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723 | (1) |
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724 | (2) |
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726 | (8) |
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726 | (1) |
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727 | (3) |
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730 | (1) |
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4 Institutional Incapacity |
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731 | (2) |
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5 Should a Defence of Incapacity Be Recognized? |
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733 | (1) |
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29 Limitation Periods and Laches |
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734 | (11) |
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734 | (7) |
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741 | (2) |
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3 Reform of the Law on Limitation Periods |
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743 | (2) |
| Bibliography |
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745 | (16) |
| Index |
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761 | |