Law of Restitution in England and Ireland
This work aims to offer an account of the English law of restitution for the benefit of practitioners and students. While at times critical, it concentrates on the actual law and its impact on practical situations. There is a deliberate lack of attempt to create an over-arching or general scheme into which all particular instances of restitution can (or should) be fitted.
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DURESS AND UNCONSCIENTIOUS DEALING
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action allowed apply assets authority Barclays Bank basis Birks bona fide purchaser breach of contract Burrows buyer Cannon Film change of position claimant common law constructive trust damages debt decision defence of change defendant defendant's discharge doubt duress England entitled equitable example exchange facie fact failure of assumptions failure of consideration fiduciary free acceptance Goff Goldcorp Gorman v Karpnale held House of Lords ILRM insolvency instance Insurance Ireland Irish High Court law of restitution liability Lipkin Gorman Lloyds Rep matter mistake money paid monies Nevertheless owner payment person plaintiff principle profit proprietary quantum meruit reason received recipient recover regarded remedy restitution restitutionary claim restitutionary recovery result rule salvage seems statute statutory subrogation suggested third party tort ultra vires undue influence unjust enrichment unjust factor unreported Woolwich Building Society wrong