Unjustified Enrichment: Key Issues in Comparative Perspective
by Edited by David Johnston , Reinhard ZimmermannEdition: Revised
Format: Paperback
Pub. Date: 2011-02-17
Publisher(s): Cambridge University Press
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Summary
Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.
Table of Contents
| Introduction | |
| Enrichment 'Without Legal Ground' or Unjust-Factor Approach?: | |
| Unjust factors and legal grounds | |
| In defence of unjust factors | |
| Failure of Consideration: | |
| Failure of consideration: myth and meaning in the English law of restitution | |
| Failure of consideration | |
| Duress and Fraud: | |
| In defence of unjust factors: a study of rescission for duress, fraud and exploitation | |
| Fraud, duress and unjustified enrichment: a civil law perspective | |
| Change of Position: | |
| Restitution without enrichment? Change of position and Wegfall der | |
| Unwinding mutual contracts: Restitio in integrum v the defence of change of position | |
| Illegality: | |
| The role of illegality in the English law of unjust enrichment | |
| Encroachment and Restitution for Wrongs: | |
| Reflections on the role of restitutionary damages to protect contractual expectations | |
| Encroachments: between private and public | |
| Improvements: | |
| Mistaken improvements and the restitution calculus | |
| Enrichment by improvements in Scots law | |
| Discharge of Another Person's Debt: | |
| Performance of another's obligation: French and English law contrasted | |
| Payment of another's debt | |
| Third Party Enrichment: | |
| 'At the expense of the claimant': direct and indirect enrichment in English law | |
| Searches for silver bullets: enrichment in three-party situations | |
| Proprietary Issues: | |
| Proprietary issues | |
| Property, subsidiarity, and unjust enrichment | |
| Taxonomy: | |
| Taxonomy: does it matter? | |
| Rationality, nationality and the taxonomy of unjustified enrichment | |
| Table of Contents provided by Publisher. All Rights Reserved. |
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