Unjustified Enrichment
Author:   Robin Evans-Jones ,  Robin Evans-Jones
Publisher:   Sweet & Maxwell Ltd
ISBN:  

9780414009974


Pages:   384
Publication Date:   31 December 2003
Format:   Hardback
Availability:   In Print   Availability explained
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Unjustified Enrichment


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Overview

This welcome addition to the SULI series seeks for the first time in Scots law to identify and analyse the body of law known as unjustified enrichment in which, as identified by the Court of Session, the condictiones represent causes of action and restitution and recompense remedies. This book concentrates on the law of the condictio which it seeks to elaborate beyond the foundations laid by recent case law according to a fundamental distinction between two groups of enrichment case: those that arise from deliberate conferral (the subject matter of this volume) and all other cases. The text provides an authoritative and comprehensive account of the subject, and will establish a scheme of the precise features and limits of claims of unjustified enrichment. Robin Evans-Jones analyses the circumstances in which an obligation of restitution exists, the basis of each claim, the content of the obligation and its precise limits.

Full Product Details

Author:   Robin Evans-Jones ,  Robin Evans-Jones
Publisher:   Sweet & Maxwell Ltd
Imprint:   W.Green
ISBN:  

9780414009974


ISBN 10:   0414009975
Pages:   384
Publication Date:   31 December 2003
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

* General concepts * General issues concerning causes of action represented by the Condictio * The claim to recover what is undue (Condictio Indebiti) * The claim to recover what was conferred for a future lawful purpose outwith contract that failed or under a contract that was frustrated (Condictio Causa Data Causa Non Secuta) * Benefits conferred for an immoral or illegal purpose (Condictio Ob Turpem Vel Iniustam Causam) * The claim to recover what is retained without a legal basis (Condictio Sine Causa) * Enrichment * At the Expense of : Rules determining what amounts to a Direct enrichment * Remedies and the measure of recovery * Defences

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