Whether it is thorough knowledge of the principles and practice of the law of restitution, or the most up-to-date case law to help build your latest case, all the information you need on the complex subject of restitution is covered here in this one unbeatable reference source.
The new supplement includes:
* Considerable development in the law of restitution since the publication of the 7th edition.
* Decisions of the H of L and Privy Council: DMG v IRC, Sempra Metals v IRC, Yeoman's Row Management Ltd v Cobbe, Blue Haven Enterprises Ltd v Tully.
* C of Appeal decisions, including: Monro v Revenue and Customs Commissioners, Great Manchester Police v Wigan AFC Ltd, Serious Fraud Office v Lexi Holdings plc, Halpern v Halpern, Charter PLC v City Index Ltd, WWW World Wide Fund for Nature v World Wrestling Federation Entertainment Inc, Foster Bryant Surveying Ltd v Bryant, Hurstanger Ltd v Wilson, Devenish Nutrition Ltd v Sanofi-Aventis SA, Abou-Rahmah v Abacha, Fisher v Brooker.
* At first instance there are notable decisions, including Europcar UK v Revenue and Customs Commissioners, London Allied Holdings Ltd v Lee, and Test Claimants in the FII Group Litigation v Revenue and Customs Commissioners.
* These decisions deal with many important topics, such as absence of consideration, free acceptance, time-value of money, tracing in equity, mistake, proprietary estoppel, contribution claims, duress, remedies for breach of contract, breach of fiduciary duty, restitutionary claims arising from non-proprietary torts, change of position and laches.
* Attention is drawn to the academic literature which has become increasingly influential. In particular the Supplement discusses whether English law should accept, indeed has accepted, the concept of absence of basis as the principle underlying the restitutionary claim based on unjust enrichment.
* When relevant sections of the American Law Institute's (Draft) Restatement of the Law Third, Restitution and Unjust Enrichment have been cited.
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978-1-84703-605-6 (9781847036056)
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Schweitzer Klassifikation
Part I Introduction: General principles; Proprietary claims and proprietary remedies; Subrogation. Part II The Right of Restitution. Where the defendant has Acquired a Benefit from or by the Act of the Plaintiff: Mistake; Compulsion; Necessity; Ineffective Transactions. Where the Defendant has Acquired from a Third Party a Benefit for Which he must Account to the Plaintiff. Where the Defendant has Acquired a Benefit Through his Own Wrongful Act. Part III Defences.
