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The Law of Restitution, 3rd Edition

The Law of Restitution, 3rd Edition

Author: Andrew Burrows
Publisher: Oxford University Press
ISBN: 9780199296521
Published In: December 2010
Format: Paperback , 792 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details
- One of the most authoritative accounts of the law of restitution available, written by a leading figure in the field
- The clear and concise writing style illuminates an often complex subject, making this essential reading for all those with an interest in restitution
New to this edition
- Thoroughly revised to include developments in case law (such as Sempra Metals Ltd v Inland Revenue Commissioners, and Chief Constable of the Greater Manchester Police v Wigan Athletic AFC Ltd) and academic thought (particularly the late Peter Birks' 'absence of basis' approach).
- More sharply defines the divide between restitution of unjust enrichment and restitution for wrongs
- An updated, more accessible chapter structure makes the book even easier to use
Andrew Burrows continues to provide an authoritative account of the law of restitution in the third edition of this highly-praised textbook. Fully revised and updated, this edition includes a wealth of new cases and academic thinking in addition to thorough examination of the subject as a whole. As with previous editions, the author's expert analysis and clarity of style will be invaluable to students and practitioners with an interest in this area of law.

Readership: Suitable for students studying restitution as part of an undergraduate law degree; postgraduate students studying for courses in restitution; and practitioners and academics with an interest in the field.
Part One - Fundamental Ideas
1: Introduction to unjust enrichment and restitution
2: Competing theories
3: Benefit
4: At the expense of the claimant
5: Unjust factors or absence of basis?
6: Tracing
7: Subrogation
8: Proprietary restitution
Part Two - Unjust Factors
9: Mistake
10: Duress
11: Undue influence
12: Exploitation of weakness
13: Human incapacity
14: Failure of consideration I
15: Failure of consideration II
16: Ignorance
17: Legal compulsion: compulsory discharge of another's legal liability
18: Necessity
19: Illegality
Part Three - Defences
21: Change of position, estoppel and the defence of agency
22: Other defences
Part Four - Restitution For Wrongs
23: Introduction to restitution for wrongs
24: Restitution for torts
25: Restitution for breach of contract
26: Restitution for equitable wrongs
27: Defences to restitution for wrongs
Part Five - Conflict Of Laws
28: The conflict of laws
Andrew Burrows, Professor of the Law of England and Fellow of All Souls College, Oxford