Unjustified Enrichment: Key Issues in Comparative Perspective

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Format: Hardcover
Pub. Date: 2002-06-03
Publisher(s): Cambridge University Press
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Summary

In recent years unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively here, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

Table of Contents

List of contributors
viii
Preface xi
Table of cases
xii
List of abbreviations
xxxiii
I Introduction
Unjustified enrichment: surveying the landscape
3(34)
David Johnston
Reinhard Zimmermann
II Enrichment `without legal ground' or unjust factor approach
Unjust factors and legal grounds
37(39)
Sonja Meier
In defence of unjust factors
76(27)
Thomas Krebs
III Failure of consideration
Failure of consideration: myth and meaning in the English law of restitution
103(25)
Graham Virgo
Failure of consideration
128(31)
Robin Evans-Jones
Katrin Kruse
IV Duress and fraud
In defence of unjust factors: a study of rescission for duress, fraud and exploitation
159(35)
Mindy Chen-Wishart
Fraud, duress and unjustified enrichment: a civil-law perspective
194(33)
Jacques Du Plessis
V Change of position
Restitution without enrichment? Change of position and Wegfall der Bereicherung
227(16)
James Gordley
Unwinding mutual contracts: restitutio in integrum v. the defence of change of position
243(46)
Phillip Hellwege
VI Illegality
The role of illegality in the English law of unjust enrichment
289(21)
W. J. Swadling
Illegality as defence against unjust enrichment claims
310(17)
Gerhard Dannemann
VII Encroachment and restitution for wrongs
Reflections on the role of restitutionary damages to protect contractual expectations
327(21)
Janet O'Sullivan
Encroachments: between private and public
348(21)
Hanoch Dagan
VIII Improvements
Mistaken improvements and the restitution calculus
369(15)
Andrew Kull
Enrichment by improvements in Scots law
384(49)
James Wolffe
IX Discharge of another person's debt
Performance of another's obligation: French and English law contrasted
433(25)
Simon Whittaker
Payment of another's debt
458(35)
Hector L. Macqueen
X Third-party enrichment
`At the expense of the claimant': direct and indirect enrichment in English law
493(33)
Peter Birks
Searches for silver bullets: enrichment in three-party situations
526(45)
Daniel Visser
XI Proprietary issues
Proprietary issues
571(17)
George Gretton
Property, subsidiarity and unjust enrichment
588(39)
Lionel Smith
XII Taxonomy
Taxonomy: does it matter?
627(31)
Ewan Mckendrick
Rationality, nationality and the taxonomy of unjustified enrichment
658(72)
Niall R. Whitty
Index 730

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