Overview

The Law of restitution has developed apace,taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organisation of the law which is not solely dependant on theory but which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theatrical organisation of the law and extends far beyond that jurisdiction.

Full Product Details

Author:   C.E.F. Rickett ,  Ross Grantham (University of Queensland, Australia)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.80cm , Length: 23.40cm
Weight:   0.880kg
ISBN:  

9781901362398

ISBN 10:   1901362396
Pages:   568
Publication Date:   01 June 2000
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Out of Print
Availability:   Out of stock  

Table of Contents

Part One—Conceptual Overview 1 Unjust Enrichment—Two Available Models 2 Unjust Enrichment—A Reconceptualisation 3 Obligations and Property 4 Restorable Enrichment and the Conceptual Map Part Two—The Principle of Restorable Enrichment 5 Restorable Enrichment—The Central Concepts 6 Defects in Legal Capacity 7 Defects in Personal Capacity 8 Defects in the Plaintiff’s Consent 9 Defects in the Plaintiff’s Consent—The Defendant’s Conduct Part Three—Disputed Categories 10 The Policy-oriented Cases 11 Free Acceptance and Unconscientious Receipt 12 Ignorance 13 The Resulting Trust Part Four—Restorable Enrichment: The Defences 14 Defences Denying Restoration 15 Defences Denying Enrichment 16 Defences Denying Enrichment at the Plaintiff’s Expense 17 Defences from Public Policy Part Five—Restoration and Disgorgement 18 Personal and Proprietary Restoration 397 19 The Nature and Basis of Tracing 20 The Nature and Role of Account 21 Disgorgement

Reviews

Author Information

Ross Grantham is Professor of Commercial Law at the University of Auckland, Research Centre for Business Law, New Zealand. Charles Rickett is Dean of the School of Law at the University of Queensland.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions