This collection of essays addresses some of the fundamental questions facing the law of contract and of unjust enrichment in the twenty-first century from a comparative perspective. Leading academics from Canada and the United Kingdom analyse the nature and development of the principles of unjust enrichment, their relationship with contract and fiduciary obligations and their impact upon traditional contractual doctrines such as mistake, undue influence, frustration and the assessment of damages. The text provides an insightful, contemporary and provocative examination of this fast-developing area of law.
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Produkt-Hinweis
Fadenheftung
Gewebe-Einband
Maße
Höhe: 240 mm
Breite: 160 mm
Gewicht
ISBN-13
978-90-04-15563-3 (9789004155633)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Paula Giliker is Reader in Comparative Law, University of Bristol.
Foreword
Preface
List of Contributors
Table of Cases
Table of Legislative Instruments
Chapter 1
Diverging or Converging - The Ongoing Relationship of the Common
Laws of England and Canada
Paula Giliker
Part 1: The Boundaries of Contract and Unjust Enrichment
Chapter 2
The Relation Between Contract and Unjust Enrichment
Stephen Waddams
Chapter 3
Unjust Factors, Juristic Reasons and Contracts in
Anglo-Canadian Law
Mitchell McInnes
Chapter 4
Mistake in Contract Law and in Unjust Enrichment
Kate Bracegirdle
Chapter 5
No Longer taken to be Cognisant of the Law? Mistake of Law in
Contract and Restitution in Canada and England
Catharine MacMillan
Chapter 6
The Fiduciary Concept, Contract Law, and Unjust Enrichment:
A Functional Comparison
Leonard I. Rotman
Chapter 7
Drafting an Irish Frustrated Contracts Act: Lessons from
British Columbia
Cliona Kelly
Chapter 8
Once More unto the Breach: Remedies for the Non-Payment of
Insurance Claims after Blake
James Davey
Chapter 9
Choice of Law for Void Contracts and their Restitutionary Aftermath:
The Putative Governing Law of the Contract
Adeline Chong
Part 2: Clarifying the Law of Unjust Enrichment
Chapter 10
Implied Contract and the Taxonomy of Unjust Enrichment
Duncan Sheehan
Chapter 11
Contract, Unjust Enrichment and Restitution: The Significance of
Classification
Peter Jaffey
Part 3: Clarifying the Law of Contract
Chapter 12
The Purpose of the Doctrine of Presumed Undue Infl uence
Jesse Elvin
Chapter 13
Awarding Damages for Distress and Loss of Reputation in England
and Canada
Jill Poole
Part 4: Contract and Unjust Enrichment - Reconciling Different
Jurisdictional Approaches
Chapter 14
Specifi c Performance in the Common and Civil Law:
Some Lessons for Harmonisation
Lucinda Miller
Chapter 15
'Compensation' and 'Indemnity' under the Agency Regulations:
How the Common Law System Copes with the Invasion of
Civilian Concepts
Robert Bradgate and Severine Saintier
Index
