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Defences in Unjust Enrichment

Defences in Unjust Enrichment

  • Author:
  • Publisher: Hart Publishing
  • ISBN: 9781509921102
  • Published In: April 2018
  • Format: Paperback , 360 pages
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 562.50

HKD 545.63 Save HKD 16.87 (3%)

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  • Description 
  • Contents 
  • Details

    This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

  • 1. Defences in Unjust Enrichment: Questions and Themes
    ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
    2. Defences and the Disunity of Unjust Enrichment
    LIONEL SMITH
    3. Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground HELEN SCOTT
    4. What Kind of Defence is Change of Position?
    DENNIS KLIMCHUK
    5. The Unity of Pre-receipt and Post-receipt Detriment
    AJAY RATAN
    6. Proprietary Restitution and Change of Position
    ROBERT CHAMBERS
    7. Change of Position: Outstanding Issues
    ELISE BANT
    8. The Defence of Illegality in Unjust Enrichment
    GRAHAM VIRGO
    9. Minority and Unjust Enrichment Defences
    BIRKE HÄCKER
    10. Defences to Restitution Between Victims of a Common Fraud
    ANDREW KULL
    11. Bona Fide Purchase as a Defence in Unjust Enrichment
    SONJA MEIER
    12. Counterfactual Arguments Against Woolwich Liability
    CHARLES MITCHELL
    13. Theory and Practice
    ROBERT REED

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