Defences in Unjust Enrichment

NIPPOD
ISBN: 978-1-5099-2110-2
Verlag: Bloomsbury 3PL

Buch, Englisch, 360 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 628 g

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Autoren/Hrsg.

Dyson, Andrew

Goudkamp, James

Wilmot-Smith, Frederick

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Defences in Unjust Enrichment: Questions and Themes

ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH
2. Defences and the Disunity of Unjust Enrichment

LIONEL SMITH
3. Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground HELEN SCOTT
4. What Kind of Defence is Change of Position?

DENNIS KLIMCHUK
5. The Unity of Pre-receipt and Post-receipt Detriment

AJAY RATAN
6. Proprietary Restitution and Change of Position

ROBERT CHAMBERS
7. Change of Position: Outstanding Issues

ELISE BANT
8. The Defence of Illegality in Unjust Enrichment

GRAHAM VIRGO
9. Minority and Unjust Enrichment Defences

BIRKE HÄCKER
10. Defences to Restitution Between Victims of a Common Fraud

ANDREW KULL
11. Bona Fide Purchase as a Defence in Unjust Enrichment

SONJA MEIER
12. Counterfactual Arguments Against Woolwich Liability

CHARLES MITCHELL
13. Theory and Practice

ROBERT REED

Über Autor(innen)

Goudkamp, James
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, and a Fellow of Keble College, Oxford. He is also a practising barrister at 7 King's Bench Walk Chambers, London, UK.

Dyson, Andrew
Andrew Dyson is a Assistant Professor in Private Law at The London School of Economics and Political Science.

Photograph © LSE Law.

Wilmot-Smith, Frederick
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk.

Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.