Principles of the Law of Restitution

Principles of the Law of Restitution

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This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights.
The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.
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Product details

  • Paperback | 800 pages
  • 171 x 246mm | 1,136g
  • Oxford University Press
  • Oxford, United Kingdom
  • English
  • 0198763778
  • 9780198763772

Table of contents

PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION; 1. The Essence of Restitution; 2. Themes and Controversies; PART II UNJUST ENRICHMENT; 3. The Principle of Unjust Enrichment; 4. Enrichment; 5. At the Expense of the Plaintiff; PART III THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF ESTABLISHING UNJUST ENRICHMENT; 6. Principles Underlying the Recognition of Grounds of Restitution; PART IV THE GROUNDS OF RESTITUTION FOR THE PURPOSES OF REVERSING UNJUST ENRICHMENT; 7. Ignorance; 8. Mistake; 9. Compulsion; 10. Exploitation; 11. Necessity; 12. Failure of Consideration; 13. Incapacity; 14. Restitution from Public Authorities; PART V RESTITUTION FOR WRONGS; 15. General Principles Coversing Restitution for Wrongs; 16. Restitution for Torts; 17. Restitution for Breach of Contract; 18. Restitution for Equitable Wrongdoing; 19. Criminal Offences; PART VI PROPRIETARY RESTITUTIONARY CLAIMS; 20. Establishing Proprietary Restitutionary Claims; 21. Restitutionary Claims and Remedies to Vindicate Property Rights; 22. The Defence of Bona Fide Purchase; PART VII THE GENERAL DEFENCES AND BARS TO RESTITUTIONARY CLAIMS; 23. Fundamental Principles and General Bars; 24. Defences Arising from Changes in the Defendant's Circumstances; 25. Passing On and Mitigation of Loss; 26. Public Policy and Illegality; 27. Incapacity; 28. Limitation Periods and Laches
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