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Understanding Unjust Enrichment

Editor(s): Jason W. Neyers, Mitchell McInnes, Stephen G.A. Pitel
Media of Understanding Unjust Enrichment
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Published: 20-04-2004
Format: EPUB eBook (?)
Edition: 1st
Extent: 430
ISBN: 9781847316905
Imprint: Hart Publishing
RRP: £72.00
Online price : £57.60
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Loren Epson

About Understanding Unjust Enrichment

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

Table Of Contents

1. Understanding Unjust Enrichment: An Introduction
Jason W. Neyers

2. The English Law of Restitution: A Ten-Year Review
Andrew Burrows

3. Unjust Enrichment (Dis)Contented
Gerald H.L. Fridman

4. Unjust Enrichment and Unconscionability in Australia: A False Dichotomy?
Michael Bryan

5. Understanding the Unjust Enrichment Principle in Private Law: A Study of the Concept and its Reasons
Kit Barker

6. Unjust Enrichment and Corrective Justice
Dennis Klimchuk

7. Two Theories of Unjust Enrichment
Peter Jaffey

8. Enrichment Revisited
Mitchell McInnes

9. Planting Another's Field: Unrequested Improvements Under Jewish Law
Ernest J. Weinrib

10. Unrequested Benefits in German Law
Thomas Krebs

11. Tracing and Unjust Enrichment
Robert Chambers

12. Disgorgement for Breach of Contract and Corrective Justice: An Analysis in Outline
Peter Benson

13. Characterisation of Unjust Enrichment in the Conflict of Laws
Stephen G.A. Pitel

14. Restitution on Dissolution of Marital and Other Intimate Relationships: Constructive Trust or Quantum Meruit?
John D. McCamus

15. Legitimating 'Legitimate Expectations': A Case Study on Filial Responsibility; Can Parents Recover for Supporting Their Children at University?
Jeffrey B. Berryman

16. The Relation of Unjust Enrichment to Other Legal Concepts
Stephen Waddams


“...fine new collection of essays...the high quality of the contributions will ensure its place on many bookshelves and university reading lists. All of the essays are thought-provoking, and several are classics that will repay careful study and thought.” –  Charles Mitchell, King's College London, The Canadian Business Law Journal, Vol. 42

“It seems likely… that the book will achieve its purpose of keeping open the lines of communication so that the doctrine of unjust enrichment can be improved and made more coherent.” –  Rebecca Williams, Oxford University Commonwealth Law Journal, vol.4 no.2

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