Defences in Unjust Enrichment

Dr Andrew Dyson, Dr James Goudkamp, Frederick Wilmot-Smith (Herausgeber)

Buch | Hardcover

360 Seiten

2016
Hart Publishing (Verlag)
978-1-84946-725-4 (ISBN)

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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.

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.

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

Reihe/Serie	Hart Studies in Private Law: Essays on Defences
Verlagsort	Oxford
Sprache	englisch
Maße	169 x 244 mm
Gewicht	685 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
ISBN-10	1-84946-725-0 / 1849467250
ISBN-13	978-1-84946-725-4 / 9781849467254
Zustand	Neuware