Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --T…
This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers original contributions from leading private law theorists examining the philosophical foundations of the law.
"This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised b…
Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the care…
Degeling explains the phenomenon of shared damages by which a stranger to litigation is entitled to participate in the claimant's damages. Core examples are the carer of a victim of tort who shares in the victim's damages and the indemnity insurer which participates in the damag…
This text provides a comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal …
This book provides a framework of the fundamental principles underlying the law of restitution, and suggests new approaches to understanding the law of resitution in relation to other areas of the law, especially contract and property law.
Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution, with many new books and academic articles and a number of important decisions in the courts. However, there remains great controvers…
