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A Restatement of the English Law of Unjust Enrichment

A Restatement of the English Law of Unjust Enrichment

Author: Andrew Burrows FBA, QC (hon)
Publisher: Oxford University Press
ISBN: 9780199669899
Published In: November 2012
Format: Hardback , 216 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
- Represents a unique and novel approach to understanding the common law
- Presents a persuasive and accessible analysis of the law of unjust enrichment
- develops a set of coherent rules and principles
- Written by one of the leading authorities in this area of law, in collaboration with an expert group of senior judges, legal practitioners, and academics
- Supported by full commentary explaining the Restatement's provisionsand allowing readers to see its application in real and hypothetical cases
- Provides an accessible inroad to the English law for any foreign lawyers undertaking comparative work
A 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.
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
Andrew Burrows FBA, QC (hon), Professor of the Law of England, Oxford University

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 Group Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom Lord Mance, Supreme Court of the United Kingdom Lord Justice Moore-Bick, Court of Appeal of England and Wales Lord Justice Etherton, Court of Appeal of England and Wales Mr Justice Henderson, High Court of England and Wales Mr Justice Beatson, High Court of England and Wales Justice Edelman, Supreme Court of Western Australia Stephen Moriarty QC, Fountain Court Chambers, London Laurence Rabinowitz QC, One Essex Court, London Steven Elliott, One Essex Court, London Andrew Scott, Blackstone Chambers, London Professor Robert Chambers, University College, London

Professor Gerard McMeel, University of Bristol Professor Charles Mitchell, University College, London Professor Robert Stevens, University of Oxford William Swadling, University of Oxford Professor Andrew Tettenborn, University of Swansea Professor Graham Virgo, University of Cambridge