Principles of the Law of Restitution (3ed)
Following important decisions of the Supreme Court and other courts, in this new edition large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position.
Additionally, it contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically.
One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
- A comprehensive source of up to date primary and secondary materials
- Addresses controversial debates about the ambit, function, and interpretation of the law of restitution
- Includes a new chapter on the operation of juridical bars on restitutionary claims
- Wide jurisdictional scope, including England and Wales, Australia, New Zealand, Canada, and the Far East
New to this edition
- The edition includes a new chapter on the operation of judicial bars on restitutionary claims.
- The chapters have been rewrittento take account of decisions of the Supreme Courts and other courts affecting enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position.
- The new edition reflects the author's perspective in the light of leading cases and contributions of restitutionary scholars around the world, on controversial debates about the ambit, function and interpretation of the subject.
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject.
|Publisher:||Oxford University Press|