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The Nature and Scope of Restitution

By: Peter Jaffey
Media of The Nature and Scope of Restitution
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Published: 16-09-2000
Format: PDF eBook (?)
Edition: 1st
Extent: 480
ISBN: 9781847311467
Imprint: Hart Publishing
RRP: £86.40
Online price : £77.76
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About The Nature and Scope of Restitution

Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship!

In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law.

In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.

Table Of Contents

Part I: Introduction
1 Vitiated transfers, imputed contracts, and disgorgement
Part II: Claims for payment: restitution and contracts
2 Contract and exchange
3 Imputed contracts and restitutionary claims for payment
4 The use claim
Part III: Reversing vitiated transfers: restitution and property
5 The vitiating factors
6 Vitiated transfers and contracts
7 Change of position, surviving value and bona fide purchase
8 Indirect recipients, three-party cases, and subrogation
9 Restitution and property: a rational scheme
10 Restitution and property: the rational scheme in action
Part IV: Disgorgement
11 Disgorgement
12 Disgorgement for breach of contract
13 Fiduciary relationships
Appendix 1: A note on right-liability primary relations
Appendix 2: A note on law, equity and fusion

Reviews

“to the extent that it is possible to raise dust in a sandstorm, this book will undoubtedly do so...
the sophistication and originality of the ideas it contains demands a fuller account of Jaffey's vision that might be customary in a review
radical new ideas come thick and fast.
This is an original and highly ingenious book, which challenges us to reconsider our orthodox beliefs not simply about the law of restitution, but about much of private law. Its overtly provocative agenda makes it a stimulating read
The controversies and innovations come so thick and so fast at points as to leave the reader gasping for breath.
anyone who is interested in the fascinating and highly complex operation of testing the underlying premises and boundaries of the modern law of restitution will wish to place this free-thinking, intricate and scholarly work on their menu.




” –  Kit Barker, University of Southampton, Restitution Law Review

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