Restitution Books

Book SynopsisIn The Laws of Restitution, Robert Stevens seeks to show that there is no unified law of restitution or unjust enrichment. He also explains how the law of restitution relates to, and is bound up with, areas of contract, torts, equity, and property law.Table of ContentsForeword Preface Part I Introduction 1: Summary 2: Foundations Part II Unjustified Performance 3: Performance 4: Reversal 5: Theory 6: Practice Part III Conditional Performance 7: Conditions 8: Contract Part IV Intervention in Another's Affairs 9: Discharge 10: Necessity Part V Property and Trusts 11: Things 12: Equity: General 13: Equity: Restitution 14: Improvements Part VI Wrongdoing 15: Wrongs 16: Profits 17: Damages Part VII Countervailing Reasons 18: Defences 19: Illegality Part VIII Apologia 20: Conclusion

Read more less

Book SynopsisThe fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis.The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with ''at the claimant''s expense'', ''absence of intent'', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law.Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.

Read more less

Book SynopsisThis new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant''s expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world''s leading authority on the subject.Table of ContentsPART ONE: INTRODUCTION ; 1. A Core Case ; 2. Three Maps ; PART TWO: ENRICHMENT AT THE EXPENSE OF THE CLAIMANT ; 3. Enrichment ; 4. At the Expense of the Claimant ; PART THREE: UNJUST ; 5. Changing Direction ; 6. Absence of Basis ; PART FOUR: THE RIGHT TO RESTITUTION ; 7. Rights in personam ; 8. Rights in rem ; PART FIVE: DEFENCES ; 9. Disenrichment and Disimpoverishment ; 10. Unjust-Related Defences ; PART SIX: COMPETING TERMINOLOGY ; 11. Competing Generics ; 12. Persistent Fragments

Read more less

Book SynopsisExamines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems.Trade Review[This] book is to be welcomed as a carefully argued, at times imaginative, contribution to the continuing debate about the future annd shape of the English law of rescue. * Kevin Williams, Modern Law Review *The author is to be commended for his lucid treatment of both doctrines, and for his subtle and convincing analysis of their interconnectedness * European Tort Law *This slim, elegantly-argued volume presents a persuasive case for the reconsideration of both liability for nonfeasance and reimbursement for necessitous intervention in English LawIn a clear and elegant style, Kortmann has written a remarkable book in which he has developed a fine, sophisticated theory. It is to be hoped that the English courts will draw inspiration from it. * Professor J.H.A. Lokin, Ars Aequi *An interesting read, based on considerable research. The account is thoughtful and thought-provoking and challenges the common lawyer to reassess his or her views on the topic of omissions.... Lord Goff in Smith v Littlewoods onceded that the legal treatment of omissions may one day need to be reconsidered. Kortmann eloquently puts the case for such a change. * Paula Giliker, King's College Law Journal *[This book] certainly constitutes essential reading for any lawyer interested in the nature and effect of altruism in private law. * D.H. Van Zyl, Legal Studies *Without doubt ... [Kortmann] deserves much praise for a book that is certain to captivate the reader. ... His arguments are well written and ...demonstrate a heartwarming erudition * Professor H.C.F. Schoordijk, Weekblad voor Privaatrecht, Notariaat en Registratie *Table of ContentsPART I: LIABILITY FOR NONFEASANCE ; I. INTRODUCTION ; II. WHAT IS 'NONFEASANCE'? ; III. THEORETICAL JUSTIFICATIONS FOR DISTINGUISHING BETWEEN FEASANCE AND NONFEASANCE ; IV. LIABILITY FOR NONFEASANCE IN CONTINENTAL EUROPEAN PRIVATE LAW ; V. LIABILITY FOR NONFEASANCE IN ENGLISH PRIVATE LAW ; VI. TOWARDS A MORE CONSISTENT APPROACH ; PART II: GRANTING A CLAIM TO THE INTERVENER ; VII. THE DIFFERENT MEASURES OF RECOVERY AND THEIR TERMINOLOGY ; VIII. THEORETICAL ARGUMENTS AGAINST GRANTING A REMEDY TO THE INTERVENER ; IX. THEORETICAL ARGUMENTS IN FAVOUR OF GRANTING A REMEDY TO THE INTERVENER ; X. THE CONTINENTAL DOCTRINE OF 'NEGOTIORUM GESTIO' ; XI. THE POSITION IN ENGLISH LAW ; XII. TOWARDS A GENERAL PRINCIPLE: USING THE EXISTING DOCTRINES? ; XIII. TOWARDS A NEW GENERAL PRINCIPLE ; EPILOGUE

Read more less

Book SynopsisA Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law.Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present Trade ReviewThis slender and elegantly written volume makes a remarkable and valuable contribution to the literature of the English law of restitution ... The highest compliment that can be paid to a work of this kind by a reviewer is to indicate that the reviewer both enjoyed reading the volume and profited greatly from doing so. * Andrew Burrows, Canadian Business Law Journal *ROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this. * Kit Barker, Oxford Journal of Legal Studies *Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers *Table of ContentsPART ONE: A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT; PART TWO

Read more less

Book Synopsis

Read more less

Book SynopsisThis collection examines one of the fastest growing fields of regulation: data rights. The book moves debates about data beyond data and privacy protecting statutes. In doing so, it asks what private law may have to say about these issues and explores how private law may influence the interpretation and the form of legislation dealing with data. Over five parts it: sets out an overview of the themes and problems; explores theoretical justifications and challenges in understanding data; considers data through the perspective of cognate private law doctrines; assesses the contribution of private law in understanding individual rights; and finally examines the potential of private law in providing individual remedies for wrongful data use, supplementing the work of regulators. The contributors are specialists in their respective fields of private law with long-standing expertise in the challenges to data privacy posed by emerging digital technologies.Table of ContentsForeword Acknowledgements List of Contributors Table of Cases Table of Legislation PART I INTRODUCTION 1. Introduction to Data and Private Law Damian Clifford, Kwan Ho Lau and Jeannie Marie Paterson PART II DATA AND PRIVATE LAW – THEORETICAL INSIGHTS 2. Private Law, Technology and Governance Roger Brownsword 3. Data in a Relational Setting Sally Wheeler PART III RIGHTS TO DEAL WITH DATA 4. The Predilection for Contract in Governing Digital Networks: Micro-Management’s Face Off with Accountability Lee A Bygrave 5. Data Rights and Contract Law: Formation, Incorporation and Vitiating Factors Damian Clifford and Jeannie Marie Paterson 6. Data Rights and Consumer Contracts: The Case of Personal Genomic Services Shmuel I Becher and Andelka M Phillips 7. Private Law Rights Mechanisms for Consumer Data – Filling the Gaps Chris Reed 8. Access to Platform Data and the Right to Research under US Law Niva Elkin-Koren, Maayan Perel and Ohad Somech PART IV USES OF DATA – RIGHTS AND OBLIGATIONS 9. Tort-Based Protections for Data Privacy Jelena Gligorijevic 10. Closing Off the Warren of Negligence Claims for Data Breaches Eoin O’Dell 11. Trust, Confidence and Data Rights Megan Richardson 12. IP and Data, IP in Data, IP as Data Kimberlee Weatherall 13. Duties for Datasets Jerrold Soh Tsin Howe PART V REMEDIES FOR BREACHES OF DATA RIGHTS 14. Private Enforcement of Data Rights Through Direct Rights of Action: A Comparative Review Normann Witzleb 15. Data Rights Incursions: Two Hurdles in the Pursuit of Damages Kwan Ho Lau Index

Read more less

Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Yet Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute

Read more less

Book SynopsisThis comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. WuTrade Review‘This is a superb volume which deserves a permanent place on the bookshelf alongside the existing unjust enrichment and restitution classics. This is sure to become a go-to source for many studying, teaching and researching these topics.’ -- William Day, Cambridge Law Journal‘In the Handbook we have a major addition to the literature on unjust enrichment and restitution. Impressive in the reach of its coverage and the quality of the contributions, it enriches and inspires, and all scholars of unjust enrichment and restitution must give thanks to the editors for having done a splendid job.’ -- Daniel Visser, South African Law Journal‘So many chapters spanning so much content result in a volume to which every anglophone private and commercial lawyer with more than a passing interest in the field will require access, hot on the heels of their leading practitioner-level texts on unjust enrichment and commercial remedies. The best thing about the book is that it provides quite a full one-stop-shop for head-on engagement with many persistent debates about a core private law concept.’ -- Mat Campbell, Edinburgh Law Review‘I was delighted to receive a copy of the Research Handbook edited by Elise, Kit and Simone, and I very much enjoyed dipping into various parts and chapters of it before today. It is an excellent and welcome contribution, capturing the benefits of a coherent and well laid-out structure of textbook on unjust enrichment, while also providing in-depth analysis on particular topics which a textbook rarely has space or time to devote to.The area I particularly focused on was the Part relating to defences, toward the back of the book. They are, as Graham Virgo points out in his chapter, the Cinderella of Unjust Enrichment – often not the focus of interest by academics, more interested in the interstices of the cause of action. But defences are both vitally interesting and important areas for research and discussion.The book contains three very thought-provoking and interesting contributions by Graham Virgo, Ross Grantham, and Thomas Krebs.’ -- Michael Rush QC, Queens Counsel at the Victorian Bar'This impressive collection of chapters by leading private law scholars offers an ideal guide to the basic doctrine of this important branch of the law, to its history and to various controversies concerning its analytical structure and philosophical foundations. A consistently excellent and accessible treatment of this subject with all of its challenges and complexities on full display. It is unquestionably a major contribution to the literature of unjust enrichment and restitution.' --John D. McCamus, York University, Canada'This book is exactly what a Research Handbook should be. It addresses an area of private law that continues to grow in importance worldwide. Many of the top scholars in the field are represented. The book also spans a variety of modern approaches to private law, including legal philosophy, economics and comparative law.' --Emily Sherwin, Cornell Law School, USTable of ContentsTable of Contents 1. The Evolution of Unjust Enrichment Law. Theory and Practice. Elise Bant, Kit Barker and Simone Degeling Part I History and Comparative Insights 2. Development at Common Law David Ibbetson 3. Unjust Enrichment: A Comparative Perspective and a Critique James Gordley Part II: Taxonomy 4. Restitution and Unjust Enrichment Andrew Kull 5. Restitution for Wrongs Craig Rotherham 6. Unjust Enrichment and Contract Hang Wu Tang 7. Unjust Enrichment and Equity Lusina Ho 8. Comparative/Civilian perspectives Helen Scott Part III: Philosophical Foundations 9. The Corrective Justice of Liability for Unjust Enrichment Ernest J Weinrib 10. Unjust Enrichment and the Forms of Justice Dennis Klimchuk 11. A Law and Economics Perspective on Restitution Chris Wonnell 12. Autonomy, Relational Justice and the Law of Restitution Hanoch Dagan Part IV: Analytical Structure 13. Enrichment Mitchell McInnes 14. At the Claimant’s Expense Stephen Watterson 15. Unjust Factors versus Absence of Juristic Reason (Causa) Birke Häcker 16. Impaired Intention Unjust Factors? Mindy Chen-Wishart and Rory Gregson 17. Conditional Intention as an Unjust Factor Andrew Burrows 18. No Intention to Benefit Michael Bryan 19. Other Reasons for Restitution Charles Mitchell Part V: Defences 20. A Taxonomy of Defences in Restitution Graham Virgo 21. Change of Position-Based Defences Ross GranthamT.H. Wu 22. Disenrichment in German Law Thomas Krebs Part VI: Restitutionary Remedies 23. Restitution, Compensation and Disgorgement Katy Barnett 24. Proprietary Restitution Timothy Liau and Rachel Leow Index

Read more less