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Cases and Materials on the Law of Restitution
By
Andrew Burrows, Ewan McKendrick, and James Edelma
Description
- Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject
- An extensive collection of cases and leading extracts provides a one-stop resource on restitution
- Notes and questions at the end of extracts focus students attention to salient issues
- Tight, logical structure guides the reader through the complex law of restitution
- Contains both cases and academic commentary on comparative law to place restitution in context
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 Birks absence of basis approach. The coverage reflects the continuing debates on questions such as:
· what is an enrichment?
· was the enrichment at the claimants 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 books 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.
Readership: Both undergraduate students studying the law of restitution as an option on the LLB, and postgraduate students taking restitution as an option on LLM courses. The book will be very valuable to doctoral students and academics working and teaching in the area. The law of restitution is also of interest to those studying contract, tort law, and land law.
Authors, editors, and contributors
Andrew Burrows, Norton Rose Professor of Commercial Law, Oxford University,
Ewan McKendrick, Professor of English Private Law, Oxford University, and
James Edelman, CUF Lecturer, Oxford University
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