Restitution

Lionel Smith

Contents: Scope and Structure: Contract, tort and restitution - a satisfactory division or not? The province of the law of restitution, Lionel D. Smith; The law of restitution at the end of an epoch, Peter Birks. Autonomous Unjust Enrichment: The Nature of Enrichment: Restitutionary claims for services rendered, Gareth Jones; Unjust enrichment and unjust sacrifice, Samuel J. Stoljar; Benefit, reliance and the structure of unjust enrichment, Jack Beatson. Reasons for Restitution: The self-serving intermeddler, John P. Dawson; Necessitous intervention: the altruistic intermeddler and the law of restitution, John D. McCamus. Restitution and Contract: Restitution as a remedy for breach of contract, Andrew Kull; Enforcing Coasian bribes for non-price benefits: a new role for restitution?, Wendy J. Gordon and Tamer Frankel. Proprietary Restitution: The remedial constructive trust: a principled basis for priority over creditors, David M. Paciocco; Relationships 'tantamount to espousal', unjust enrichment and constructive trusts, Ralph E. Scane. Restitution for Wrongs: Restitution of benefits obtained through the appropriation of property or the commission of a wrong, Daniel Friedmann; The gains and losses of corrective justice, Ernest J. Weinrib; Name index.