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viii | |
Preface |
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xi | |
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xii | |
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xxxiii | |
I Introduction |
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Unjustified enrichment: surveying the landscape |
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3 | (34) |
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II Enrichment `without legal ground' or unjust factor approach |
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Unjust factors and legal grounds |
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37 | (39) |
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In defence of unjust factors |
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76 | (27) |
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III Failure of consideration |
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Failure of consideration: myth and meaning in the English law of restitution |
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103 | (25) |
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128 | (31) |
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IV Duress and fraud |
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In defence of unjust factors: a study of rescission for duress, fraud and exploitation |
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159 | (35) |
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Fraud, duress and unjustified enrichment: a civil-law perspective |
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194 | (33) |
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V Change of position |
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Restitution without enrichment? Change of position and Wegfall der Bereicherung |
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227 | (16) |
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Unwinding mutual contracts: restitutio in integrum v. the defence of change of position |
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243 | (46) |
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VI Illegality |
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The role of illegality in the English law of unjust enrichment |
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289 | (21) |
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Illegality as defence against unjust enrichment claims |
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310 | (17) |
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VII Encroachment and restitution for wrongs |
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Reflections on the role of restitutionary damages to protect contractual expectations |
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327 | (21) |
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Encroachments: between private and public |
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348 | (21) |
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VIII Improvements |
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Mistaken improvements and the restitution calculus |
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369 | (15) |
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Enrichment by improvements in Scots law |
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384 | (49) |
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IX Discharge of another person's debt |
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Performance of another's obligation: French and English law contrasted |
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433 | (25) |
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Payment of another's debt |
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458 | (35) |
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X Third-party enrichment |
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`At the expense of the claimant': direct and indirect enrichment in English law |
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493 | (33) |
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Searches for silver bullets: enrichment in three-party situations |
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526 | (45) |
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XI Proprietary issues |
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571 | (17) |
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Property, subsidiarity and unjust enrichment |
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588 | (39) |
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XII Taxonomy |
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Taxonomy: does it matter? |
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627 | (31) |
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Rationality, nationality and the taxonomy of unjustified enrichment |
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658 | (72) |
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Index |
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730 | |