Your Basket is currently empty

Your Bookshelf is empty!

Your Basket is currently empty


Banner

Defences in Unjust Enrichment

Editor(s): Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
Media of Defences in Unjust Enrichment
See larger image
Published: 26-04-2018
Format: Paperback
Edition: 1st
Extent: 360
ISBN: 9781509921102
Imprint: Hart Publishing
Series: Hart Studies in Private Law: Essays on Defences
Dimensions: 244 x 169 mm
RRP: £39.99
 

: 14 -21 days

This book is also available in other formats: View formats

Delivery & Returns

Tell others about this book

Loren Epson

About Defences in Unjust Enrichment

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Table Of Contents

1. Defences in Unjust Enrichment: Questions and Themes
ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
2. Defences and the Disunity of Unjust Enrichment
LIONEL SMITH
3. Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground HELEN SCOTT
4. What Kind of Defence is Change of Position?
DENNIS KLIMCHUK
5. The Unity of Pre-receipt and Post-receipt Detriment
AJAY RATAN
6. Proprietary Restitution and Change of Position
ROBERT CHAMBERS
7. Change of Position: Outstanding Issues
ELISE BANT
8. The Defence of Illegality in Unjust Enrichment
GRAHAM VIRGO
9. Minority and Unjust Enrichment Defences
BIRKE HÄCKER
10. Defences to Restitution Between Victims of a Common Fraud
ANDREW KULL
11. Bona Fide Purchase as a Defence in Unjust Enrichment
SONJA MEIER
12. Counterfactual Arguments Against Woolwich Liability
CHARLES MITCHELL
13. Theory and Practice
ROBERT REED

Reviews

“This is a welcome addition to unjust enrichment scholarship, as the study of defenses (and the change of position defence in particular) has been central to the development of this area of law in recent years.

[The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s].

[T]he various contributions in this volume provide the reader with state-of-the-art academic analysis of the law of unjust enrichment, together with the most relevant critique of this type of intellectual project. Together, they make for a thought-provoking collection for any reader interested in the fundamental problems of private law theory.



” –  Yotam Kaplan, New Private Law Blog

“the editors and contributors are to be congratulated on a book which will stimulate further necessary debate about defences to unjust enrichment claims. It should be widely read and engaged with. I look forward to the next instalments in the editors' series, on defences in contract and equity.” –  Mat Campbell, LLOYD'S MARITIME AND COMMERCIAL LAW QUARTERLY

“this book … contains a host of insights, suggestions and arguments that are sure to spawn the kind of new writing on unjust enrichment that is so essential if this area of law is to flourish on sound foundations.” –  NICHOLAS J. MCBRIDE, The Cambridge Law Journal

Defences in Unjust Enrichment should enjoy a warm welcome from Canadian lawyers. Aside from the fact that three of the papers were written by Canadians, the work holds important lessons for the development of Canadian unjust enrichment under Garland.” –  Mitchell McInnes, Faculty of Law, University of Alberta, Canadian Business Law Journal

Bookmark and Share
Close