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.…mehr
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.
Inhaltsangabe
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
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
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