The Canadian Law of Unjust Enrichment and Restitution 2nd Edition

Law

The Canadian Law of Unjust Enrichment and Restitution 2nd Edition

By Mitchell McInnes
LexisNexis Canada October 2022

Specifications

ISBN-13
9780433522737
Publisher
LexisNexis Canada
Publication
October 2022
Format
Hardback
Jurisdiction
Canada ? Countri(es) for reference only

Details

Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition is the only text that accurately reflects the modern Canadian law of restitutionary liability and has been thoroughly updated since the first edition published 8 years ago.

Written by Mitchell McInnes – Canada's leading authority on the law of unjust enrichment – this treatise explains this complex area in a straight-forward manner. It offers step-by-step guidance to the resolution of restitutionary claims in specific contexts and is structured in accordance with the elements of the cause of action in unjust enrichment: (1) the defendant’s enrichment, (2) the plaintiff’s corresponding deprivation, and (3) an absence of juristic reason for the transfer between the parties.

What’s New In This Edition

  • More than 150,000 new words added
  • Hundreds of new Canadian cases summarized and explained
  • New extended discussion of restitutionary claims within families (other than between spouses)

Table of Contents

Part I— Introduction
Chapter 1: Introduction

Part II— Basic Principles
Chapter 2: Enrichment
Chapter 3: Corresponding Deprivation
Chapter 4: Absence of Juristic Reason

Part III— Non-Purposive Transfers
Chapter 5: Non-Participatory Transfers—Found, Stolen and Misdirected Benefits
Chapter 6: Non-Purposive Transfers—Mistaken Improvements

Part IV— Donative Intent
Chapter 7: Donative Intent—Mistake
Chapter 8: Donative Intent—Incapacity
Chapter 9: Donative Intent—Illegitimate Inducement
Chapter 10: Donative Intent—Conditional Transfers
Chapter 11: Donative Intent—Necessitous Intervention

Part V— Contract
Chapter 12: Contract—General
Chapter 13: Contract—Anticipated Contracts That Fail To Materialize
Chapter 14: Contract—Incomplete Agreements
Chapter 15: Contract—Want of Authority
Chapter 16: Contract—Incapacity
Chapter 17: Contract—Frustrated Agreements
Chapter 18: Contract—Mistake
Chapter 19: Contract—Illegitimately Induced
Chapter 20: Contract—Illegality
Chapter 21: Contract—Unenforceable
Chapter 22: Contract—Discharge For Breach

Part VI— Disposition of Law
Chapter 23: Disposition of Law—Judgments and Orders
Chapter 24: Disposition of Law—Government Demands

Part VII— Other Legal, Equitable Or Statutory Obligations
Chapter 25: Other Legal, Equitable and Statutory Rights and Obligations—Statutes
Chapter 26: Other Legal, Equitable and Statutory Rights and Obligations—Title
Chapter 27: Other Legal, Equitable and Statutory Rights and Obligations—Natural Obligations
Chapter 28: Other Legal, Equitable and Statutory Rights and Obligations—Family
Chapter 29: Other Legal, Equitable and Statutory Rights and Obligations—Compulsory Discharge of Another’s Obligation

Part VIII— Restitution
Chapter 30: Restitution—Introduction
Chapter 31: Restitution—Personal
Chapter 32: Restitution—Proprietary
Chapter 33: Restitution—Tracing
Chapter 34: Restitution—Rescission
Chapter 35: Restitution—Subrogation

Part IX— Defences
Chapter 36: Defences and Bars—Change of Position
Chapter 37: Defences and Bars—Estoppel
Chapter 38: Defences and Bars—Bona Fide Purchase
Chapter 39: Defences and Bars—Payment Over
Chapter 40: Defences and Bars—Passing On
Chapter 41: Defences—Incidental Benefits
Chapter 42: Defences and Bars—Officiousness
Chapter 43: Defences—Illegality

Table of Cases
Index
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