Unjust Enrichment: A Critique of Birks's Formula

Name: Unjust Enrichment: A Critique of Birks's Formula
Brand: Hart Publishing
SKU: 9781509932245
Price: 882.70 HKD
Availability: PreOrder
Author: Rajiv Shah
ISBN: 9781509932245

By Rajiv Shah

Coming Soon Hart Publishing Available June 2027

Specifications

ISBN-13: 9781509932245
Publisher: Hart Publishing
Publication: June 2027
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This book challenges the orthodox approach to the analysis of unjust enrichment, developed by Peter Birks and adopted by the House of Lords and Supreme Court in a series of later decisions.

The book rejects the Birksian approach of adopting a top-down academic theory of unjust enrichment and ignoring the authorities which pre-date its adoption by the House of Lords. Instead, the book seeks to arrive at a theoretical understanding of unjust enrichment by tracing the historical development of this area of the law through the authorities and commentaries from the 18th century onwards, and analysing the reasoning of the judges and scholars.

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