Details
- Covers a wide range of topics of interest to private law scholars, ranging from unjust enrichment and restitution, comparative perspectives, Roman law, and legal history
- Written by the foremost scholars in their areas of contribution
This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.
This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.
As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work.
List of Contributors
Andrew Burrows and Alan Rodger: INTRODUCTION
THE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION
1: Francis Rose: The Evolution of the Species
General Concepts
2: Andrew Burrows: Absence of Basis: The New Birksian Scheme
3: Robert Stevens: Three Enrichment Issues
4: Gareth Jones: Some Thoughts on Change of Position
5: Graham Virgo: The Role of Fault in the Law of Restitution
6: Charles Mitchell: Subrogation: Persistent Misunderstandings
7: Lionel Smith: Tracing
8: James Edelman: Gain-Based Damages and Compensation
Some Particular Unjust Factors
9: Jack Beatson: Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
10: Ewan McKendrick: The Further Travails of Duress
11: Mindy Chen-Wishart: Undue Influence: Beyond Impaired Consent and Wrong-Doing Towards a Relational Analysis
12: Gerard McMeel: Unjust Enrichment, Discharge for Breach, and the Primacy of Contract
Property, Insolvency and Restitution
13: Robert Chambers: Resulting Trusts
14: Peter Millett: Jones v Jones: Property or Unjust Enrichment?
15: William Swadling: Unjust Delivery
16: Roy Goode: The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
THE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION
17: Reinhard Zimmermann: Restitution after Termination for Breach of Contract: German Law after the Reform of 2002
18: Sonja Meier: No Basis: A Comparative View
19: Gerhard Dannemann: Unjust Enrichment as Absence of Basis: Can English Law Cope?
20: Thomas Krebs: The Fallacy of 'Restitution for Wrongs'
21: Hector MacQueen: Peter Birks and Scots Enrichment Law
ROMAN LAW
22: Alan Rodger: What Did Damnum Iniuria Actually Mean?
23: Georg Wolf: The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana
24: Ernest Metzger: Absent Parties and Bloody-Minded Judges
25: Arianna Pretto-Sakmann: 'You Can Never Tell with Bees': Good Advice from Pooh for Students of the Lex Aquilia
26: Tony Honoré: Law Arrivals: The Appendix in Justinian's Digest Reconsidered
27: David Johnston: Logic and Experience in Roman Law
28: Eltjo Schrage: Unjust Enrichment: The Tenant's Tale
LEGAL HISTORY
29: John Baker: Bezoar Stones, Gall Stones and Gem Stones: A Chapter in the History of the Tort of Deceit
30: Jeffrey Hackney: Denials Ancient and Modern, with some Roman Footnotes
31: Joshua Getzler: Rumford Market and the Genesis of Fiduciary Obligations
32: John Cairns: Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland
33: David Ibbetson: Sir William Jones and the Nature of Law
THE PUBLICATIONS OF PETER BIRKS 1969 - 2005Eric Descheemaeker:
Edited by Andrew Burrows, Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughs College, Oxford, and Alan Rodger, Lord Rodger of Earlsferry, Lord of Appeal in Ordinary, Fellow of the British Academy, President of the Expert Witness Institute, and Honorary Professor of Law at the Universities of Aberdeen and Glasgow.
Contributors:
Andrew Burrows
Alan Rodger
Francis Rose
Robert Stevens
Gareth Jones
Graham Virgo
Charles Mitchell
Lionel Smith
James Edelman
Jack Beatson
Ewan McKendrick
Mindy Chen-Wishart
Gerard McMeel
Robert Chambers
Peter Millett
William Swadling
Roy Goode
Reinhard Zimmermann
Sonja Meier
Gerhard Dannemann
Thomas Krebs
Hector MacQueen
Georg Wolf
Ernest Metzger
Arianna Pretto-Sakmann
Tony Honoré
David Johnston
Eltjo Schrage
John Baker
Jeffrey Hackney
Joshua Getzler
John Cairns
David Ibbetson
Eric Descheemaeker
