Burrows Andrew: Cases and Materials on the Law of Restitution
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Жанр : Oxford University Press
Издательство : Oxford University Press
Год издания : 2006
Аннотация:
New to this edition — Coverage of the many important cases and commentary (including Birks' 'absence of basis' approach) which have arisen in the last 9 years — Structure which reflects the judicial development of the law of restitution Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: · what is an enrichment? · was the enrichment at the claimant's expense? · what is the role of tracing? · when will proprietary restitution be granted? · when does change of position operate as a defence? · and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providing a map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area