Restitution: A New Perspective

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Federation Press, 1998 - Law - 256 pages
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Restitution: A new perspective provides a detailed critique of current and widely accepted theories seeking to unify the law of restitution on the basis of a principle of unjust enrichment. Commencing with a brief history of restitution, the book proceeds to illustrate the diverse legal problems addressed by the law of restitution. The legal doctrines now collected under this heading are demonstrated to have fulfilled a gap-filling role in our law, much like the diverse doctrines of equity have done. The book questions the underlying basis for unjust enrichment theories and demonstrates their inadequacy as descriptions and explanations of restitution. The book then sets out alternative methods of organising and rationalising the topics of restitution. The approach adopted rejects an explanation of liability in restitution on the basis of a defendant's unjust enrichment and thus challenges much of the current academic and judicial writing the in the field. Instead, the approach adopted is to emphasise the relevance of a defendant's conduct in determining the nature and extent of any liability imposed.
 

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Contents

A Brief History of Restitution
22
The Meaning of Unjust Enrichment
36
The Failure of Unjust Enrichment
50
Air Canada v British Columbia 1989 59 230
72
A New Perspective on Restitution
92
Breach of ContractLike or TortLike
101
The Consequences of Unprovided
151
146 Bath and Montagues Case 1693 3 Chanc
158
Allocating the Costs of Justifiable Conduct
177
153 BP Exploration v Hunt No 2 1979 1
189
Innocent Recipients of Money and Services
201
646
213
Banque Belge pour lEtranger v Hambrouck 152
220
RestitutionThe Future
241
Bibliography of Principal Sources
249
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