Enrichment in the Law of Unjust Enrichment and Restitution
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Enrichment in the Law of Unjust Enrichment and Restitution

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Description

Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
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Product details

  • Hardback | 276 pages
  • 156 x 234 x 15mm | 553g
  • Hart Publishing
  • Oxford, United Kingdom
  • English
  • 1849463298
  • 9781849463294
  • 738,918

Table of contents

1. Introduction
I. Unjust Enrichment
II. Restitution
III. Methodology and Scope
IV. Structure of the Book
2. Value, Rights and Obligations
I. The Concept of Value
II. The Concepts of Rights and Obligations
III. The Concept of Wealth
IV. The Relationship between the Concepts
V. Conclusion
3. Bifurcating the Enrichment Inquiry
I. The Meaning of Enrichment
II. Overview of Factual Enrichment
III. Overview of Legal Enrichment
IV. Conclusion
4. Factual Enrichment
I. The Historical Position
II. Money
III. Services
IV. Goods
V. Land
VI. Release of Obligations
VII. Conclusion
5. Legal Enrichment
I. Resulting Trusts
II. Rescission
III. Rectification
IV. Enrichment by Release of Obligations
V. Conclusion
6. Freedom of Choice
I. Rejecting Subjective Devaluation
II. Proof of Choice of Benefit
III. Incontrovertible Enrichment
IV. Conclusion
7. Immediate and Extant Enrichment
I. Immediate Enrichment in Factual Enrichment Cases
II. Immediate Enrichment in Legal Enrichment Cases
III. Conclusion
8. Conclusions and Implications
I. Factual and Legal Enrichment
II. Consequences
III. Further Implications
IV. Conclusion
Bibliography
I. Texts, Digests and Restatements
II. Journal Articles and Book Chapters
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Review quote

..this book is so important. It unpacks enrichment in a clear, concise and digestible fashion. It presents a strong theoretical account, and aligns it with a detailed analysis of judicial decisions.

...a welcome addition to unjust enrichment scholarship. One hopes that the trend to which it belongs, of works unpacking and refining the different elements of restitution and unjust enrichment, will continue for many years to come.
Eli Ball
Law Quarterly Review
Volume 129 -- Eli Ball * Law Quarterly Review. Volume 129 *
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About Andrew Lodder

Andrew Lodder is a Barrister of the Honourable Society of the Inner Temple and Attorney and Counsellor-at-Law in the State of New York. He was formerly a Lecturer in Law at Keble College and St Catherine's College, Oxford.
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