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The Principles of the Law of Restitution - Third Edition
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The Principles of the Law of Restitution - Third Edition

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Overview
To be published Aug 2015 (OUP) PRE-0RDER NOW!
ISBN: 9780198726388. Hard Cover, 816 pages.
Description

Graham Virgo

  • A comprehensive source of up to date primary and secondary materials
  • Addresses controversial debates about the ambit, function, and interpretation of the law of restitution
  • Includes a new chapter on the operation of juridical bars on restitutionary claims
  • Wide jurisdictional scope, including England and Wales, Australia, New Zealand, Canada, and the Far East

New to this edition

  • The edition includes a new chapter on the operation of judicial bars on restitutionary claims.
  • The chapters have been rewrittento take account of decisions of the Supreme Courts and other courts affecting enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position.
  • The new edition reflects the author's perspective in the light of leading cases and contributions of restitutionary scholars around the world, on controversial debates about the ambit, function and interpretation of the subject.
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. 

Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. 

One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.

 

Readership: Undergraduate and postgraduate students studying restitution, practitioners involved in the law of obligations, and academics

Graham Virgo is Professor in English Private Law at the University of Cambridge, and Fellow of Downing College, Cambridge. He is also a Bencher of Lincoln's Inn. After graduating from Downing College in 1987, and studying for the BCL at Oxford, he lectured in criminal law, taxation, Equity and restitution. His main research interests are the law of restitution, criminal law, and Equity. He is a recipient of The Pilkington Teaching Prize of Cambridge University in Law (2002), recognized for Outstanding Teaching in Law and was nominated in 2013 for the OUP Law Teacher of the Year award. He is author of The Principles of Equity and Trusts (2012) and co-author of Equity & Trusts: Text, Cases, and Materials (with Paul S Davies, 2013).

Review(s) from previous edition

"...a fine addition to the corpus of restitution literature, a book well worth owning and recommending to those studying restitution for the first time. - Duncan Sheehan, Restitution Law Review

"...in terms of user-friendliness it cannot be faulted...no detail is left unaccounted for..." - James Couser, Lloyd's Maritime and Commercial Law Quarterly

Table of Contents

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 Claimant
6: Principles Underlying The Recognition Of The Grounds Of Restitution
7: Lawful Bases
8: Ignorance
9: Mistake
10: Compulsion
11: Exploitation
12: Necessity
13: Failure Of Basis
14: Incapacity
15: Restitution From Public Authorities
Part III Restitution For Wrongs
16: General Principles
17: Restitution For Torts
18: Restitution For Breach Of Contract
19: Restitution For Equitable Wrongdoing
20: Criminal Offences
Part IV Proprietary Restitutionary Claims
21: Establishing Proprietary Restitutionary Claims
22: Restitutionary Claims And Remedies To Vindicate Property Rights
23: The Defence Of Bona Fide Purchase
Part V General Defences To Restitutionary Claims
24: Fundamental Principles
25: Defences Arising From Changes In The Defendants Circumstances
26: Passing On And Mitigation Of Loss
27: Illegality
28: Incapacity
29: Limitation Periods And Laches

 

 

 


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