This volume, written by legal experts, is a tribute to Peter Birks, and a series of thought-provoking essays inspired by his example.
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example.
Contributors
Kit Barker
Michael Bryan
Peter Butler
Hanoch Dagan
Simone Degeling
Daniel Friedmann
Mark Gergen
Ross Grantham
Steve Hedley
John McCamus
Mitchell McInnes
Eoin O'Dell
Charles Rickett
Struan Scott
Emily Sherwin
Stephen Smith
Richard Sutton
Michael Tilbury
Stephen Waddams
Peter Watts
Ernest Weinrib
Eric Descheemaeker
| Preface |
|
v | |
| List of Contributors |
|
ix | |
| Table of Cases |
|
i | |
| Table of Legislation |
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xxvii | |
| 1 Ross Grantham and Charles Rickett: In Memoriam – Professor Peter Birks |
|
1 | |
| 2 Ross Grantham and Charles Rickett: Unjust Enrichment – Reason, Place and Content |
|
5 | |
| Part 1 Why Restitution? |
|
|
3 Ernest Weinrib: The Normative Structure of Unjust Enrichment |
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|
21 | |
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4 Kit Barker: Responsibility for Gain: Unjust Factors or Absence of Legal Ground? Starting Points in Unjust Enrichment Law |
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47 | |
| Part 2 The Place of Unjust Enrichment in the Private Law |
|
|
5 Mitchell McInnes: Taxonomic Lessons for the Supreme Court of Canada |
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|
77 | |
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6 Emily Sherwin: Legal Positivism and the Taxonomy of Private Law |
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103 | |
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7 Richard Sutton: Restitution and the Discourse of System |
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127 | |
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8 Hanoch Dagan: Legal Realism and the Taxonomy of Private Law |
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147 | |
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9 Stephen Waddams: Contract and Unjust Enrichment: Competing Categories, or Complementary Concepts? |
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167 | |
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10 Daniel Friedmann: The Creation of Entitlements through the Law of Restitution |
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185 | |
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11 Steve Hedley: The Shock of the Old: Interpretivism in Obligations |
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205 | |
| Part 3 Issues in the Law of Unjust Enrichment |
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|
12 Peter Butler: Advance Contractual Payments: Enforcement and Restitution for Failure of Basis |
|
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225 | |
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13 Struan Scott: Mistaken Improvers and a Recognisable Law of Unjust Enrichment |
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245 | |
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14 Simone Degeling: Understanding Policy-motivated Unjust Factors |
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267 | |
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15 John McCamus: Restitutionary Liability of Public Authorities in Canada |
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291 | |
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16 Mark P Gergen: Towards Understanding Equitable Estoppel |
|
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319 | |
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17 Michael Bryan: Recipient Liability under the Torrens System: Some Category Errors |
|
|
339 | |
|
18 Peter Watts: Birks and Proprietary Claims, with Special Reference to Misrepresentation and to Ultra Vires Contracts |
|
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361 | |
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19 Eoin O'Dell: The Resulting Trust |
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379 | |
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20 Stephen A Smith: Rights, Remedies, and Causes of Action |
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405 | |
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21 Michael Tilbury: Remedy as Right |
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|
421 | |
| The Publications of Peter Birks 1969—2005 |
|
441 | |
| Index |
|
453 | |
Charles EF Rickett, MA, LLB, BD is the Sir Gerard Brennan Professor of Law and Head of the TC Beirne School of Law, The University of Queensland. Ross B Grantham, LLD, BCL, LLM, LLB is Professor of Commercial Law, TC Beirne School of Law, The University of Queensland.
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