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Zusatztext 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. Informationen zum Autor Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999.Advisory GroupLord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United KingdomLord Walker of Gestingthorpe, Supreme Court of the United KingdomLord Mance, Supreme Court of the United KingdomLord Justice Moore-Bick, Court of Appeal of England and WalesLord Justice Etherton, Court of Appeal of England and WalesMr Justice Henderson, High Court of England and WalesMr Justice Beatson, High Court of England and WalesJustice Edelman, Supreme Court of Western AustraliaStephen Moriarty QC, Fountain Court Chambers, LondonLaurence Rabinowitz QC, One Essex Court, LondonSteven Elliott, One Essex Court, LondonAndrew Scott, Blackstone Chambers, LondonProfessor Robert Chambers, University College, LondonProfessor Gerard McMeel, University of BristolProfessor Charles Mitchell, University College, London Professor Robert Stevens, University of OxfordWilliam Swadling, University of OxfordProfessor Andrew Tettenborn, University of SwanseaProfessor Graham Virgo, University of Cambridge Klappentext This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law. Zusammenfassung This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law. Inhaltsverzeichnis Introduction Part One: A Restatement of the English Law of Unjust Enrichment 1: General Restitution for unjust enrichment Enrichment at the claimant's expense When the enrichment is unjust Defences Restitutionary rights Prevention of anticipated unjust enrichment 2: Enrichment at the Claimant's Expense Enrichment At the claimant's expense: general At the claimant's expense: tracing 3: When the Enrichment is Unjust Mistake Duress Undue influence Exploitation of weakness Incapacity of the individual Failure of consideration Ignorance or powerlessness Fiduciary's lack of authority Legal compulsion Necessity Factors concerned with illegality Unlawful obtaining or conferral of a benefit by a public authority Financial institutions and constructive notice 4: Defences Change of position Estoppel Agency as defence Counter-restitution Purchaser in good faith, for value and without notice Illegality as a defence Resolved disputes Limitation Special statutory defences: passing on and prevailing practice Contractual or statutory exclusion of restitution Affirmation 5: Restitutionary Rights Personal right to a monetary restitutionary award Other restitutionary rights Subrogation Part Two Commentary ...
