Rethinking Unjust Enrichment: History, Sociology, Doctrine, and Theory

Author: Warren Swain; Sagi Peari
Publisher: Oxford University Press
ISBN: 9780192874146
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives.

Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether.

The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions.

Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

Introduction

I. History

1:Contract and Unjust Enrichment: Lessons from History?, Warren Swain

2:A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment, Siyi Lin

3:Law of Unjust Enrichment in India, Arpita Gupta

II. Sociology

4:Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment, Sagi Peari

5:Restitution in the United States, Emily Sherwin

6:What was the Problem with Palm Tree Justice? Language, Justice, Equity and Enrichment, Nolan Sharkey

III. Theory

7:Faute de Mieux, Robert Stevens

8:Restitution, Corrective Justice, and Mistakes, James Penner