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Cases and Materials on the Law of Restitution, 2nd Edition

Cases and Materials on the Law of Restitution, 2nd Edition

Author: Andrew Burrows; Ewan McKendrick; James Edelman
Publisher: Oxford University Press
ISBN: 9780199296514
Published In: December 2006
Format: Paperback , 1104 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as:

what is an enrichment?

was the enrichment at the claimant's 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 book's 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.

1: Unjust enrichment and competing theories

2: The essential ingredients of a claim for restitution of an unjust enrichment

3: Mistake

4: Ignorance

5: Failure of consideration

6: Illegitimate pressure

7: Undue influence and exploitation of weakneess

8: Legal compulsion: compulsory discharge of another's legal liability

9: Necessity

10: Illegality as a ground for restitution

11: Incapacity as a ground for restitution

12: Ultra vires demands by public authorities

13: Tracing and Proprietary Restitution

14: Defences

15: Restitution for Wrongs

Andrew Burrows, Professor of the Law of England and Fellow of All Souls College, University of Oxford, Ewan McKendrick, Professor of English Private Law, University of Oxford, and James Edelman, CUF lecturer, University of Oxford

Review(s) from previous edition

""The editors' commentary throughout the book is diverse and interesting." - Steve Hedley, "The Cambridge Law Journal", 1998.

"'...Burrows and McKendrick is a model casebook. The layout and appearance of the material is excellent. At the beginning, there is a comprehensive and clear list of contents, which helpfully includes the names of all the cases and articles extracted within...As far as the material selected for inclusion is concerned, Burrows and McKendrick have done a difficult task extremely well...The authors are to be congratulated on an excellent book. With works of this calibre on the desks of our students, the future health of restitution will be assured.'" - Donal Nolan, King's College London, Lloyd's Maritime and Commerical Law Quarterly