Defences in Unjust Enrichment

Restitution

Defences in Unjust Enrichment

Edited by Andrew Dyson · James Goudkamp · Fred Wilmot-Smith
Hart Publishing January 2016

Specifications

ISBN-13
9781849467254
Publisher
Hart Publishing
Publication
January 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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.

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Table of Contents

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 HACKER
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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