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A Restatement of the English Law of Unjust Enrichment

A Restatement of the English Law of Unjust Enrichment

Name: A Restatement of the English Law of Unjust Enrichment
Brand: Oxford University Press
SKU: 9780199669905
Price: 655.72 HKD
Availability: OutOfStock
Author: Andrew Burrows FBA, QC (hon)
ISBN: 9780199669905

By Andrew Burrows FBA, QC (hon)

Oxford University Press November 2012

Specifications

ISBN-13: 9780199669905
Publisher: Oxford University Press
Publication: November 2012
Format: Paperback , 216 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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.

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 the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.

The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

Readership: Academics and students studying the law of unjust enrichment, or the general law of obligations. Judges and legal practitioners working in the area of unjust enrichment and commercial law. Overseas lawyers needing an accessible survey of the English law of unjust enrichment.

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

About the Author

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

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