Last edited by Turan
Monday, May 18, 2020 | History

6 edition of Unjust enrichment and the law of contract found in the catalog.

Unjust enrichment and the law of contract

  • 306 Want to read
  • 3 Currently reading

Published by Kluwer Law International in Boston .
Written in English

    Subjects:
  • Unjust enrichment,
  • Contracts

  • Edition Notes

    Includes index.

    Statementedited by E.J.H. Schrage.
    ContributionsSchrage, E. J. H.
    Classifications
    LC ClassificationsK920+
    ID Numbers
    Open LibraryOL3948686M
    ISBN 109041116559
    LC Control Number2001038259

    A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant. Claims in restitution are frequently contrasted with claims (in contract or tort) for compensatory damages, which focus upon the damage suffered by the claimant, rather than the unjust enrichment of the defendant.   Unjust enrichment usually involves a situation where someone provides a service to another without being asked to do so. If it would be unfair to allow the other person to enjoy the benefit of this service without paying for it, the law will allow the plaintiff to recover damages from the defendant even in the absence of any contract.

      This video looks at the equitable princple of unjust enrichment, and quantum meruit. MY BOOKS Employment Law In Ireland: The Essentials for Employers, Employ.   Those steps by the Texas Supreme Court will necessarily diminish the significance of the confusing terms concerning unjust enrichment. Texas courts do not need the linguistic cover provided by quasi-contract terminology, and the law is better served by allowing judges and litigants to confront the problem of unjust enrichment : David A. Dittfurth.

    The principle that no one shall be unjustly enriched at the expense of another has been invoked to rationalise the right to restitution in a number of cases which fall outside the provinces of contract and tort. This has eventually led to the recognition of an independent legal discipline known as the law of unjust : Alvin W. L. See. There is no single idea, no one body of law, which has exclusive claim to the name ‘unjust enrichment’. Some take unjust enrichment to be the basis of, or trigger for, all claims for restitution. On this approach we must give up on the idea that unjust enrichment identifies a source of legal rights and duties independent of contract and wrongs.


Share this book
You might also like
The Aes Corporation

The Aes Corporation

Environmental field sampling manual

Environmental field sampling manual

Speculum anni à partu Virginis MDCLXIV

Speculum anni à partu Virginis MDCLXIV

Celestine

Celestine

Fluid arguments

Fluid arguments

Professional responsibility

Professional responsibility

Pride of our people

Pride of our people

This is love

This is love

Chips are Down.

Chips are Down.

Review of the national ambient air quality standards for nitrogen oxides

Review of the national ambient air quality standards for nitrogen oxides

Teaching EMS

Teaching EMS

Regional assessment of aquifer vulnerability and sensitivity in the conterminous United States

Regional assessment of aquifer vulnerability and sensitivity in the conterminous United States

Prehistoric investigations in Gebel Maghara, northern Sinai

Prehistoric investigations in Gebel Maghara, northern Sinai

Running QuickBooks 2008 Premier editions

Running QuickBooks 2008 Premier editions

Pre-Raphaelite illustrations

Pre-Raphaelite illustrations

Is the invisible hand discerning or indiscriminate?

Is the invisible hand discerning or indiscriminate?

Performative verbs, adverbs, and felicity conditions

Performative verbs, adverbs, and felicity conditions

St. Margarets in Eastcheap

St. Margarets in Eastcheap

Unjust enrichment and the law of contract Download PDF EPUB FB2

It identifies what constitutes unjust enrichment at the plaintiff's expense, and its available remedies, in a number of jurisdictions.

Authors explore the boundaries between the law of restitution, the law of torts, and the law of by: 7. This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable.

The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual by: 4.

It identifies what constitutes unjust enrichment at the plaintiff's expense, and its available remedies, in a number of jurisdictions.

Authors explore the boundaries between the law of restitution, the law of torts, and the law of contract. Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas.

Unjust enrichment: a historical and comparative overview from a European perspective / E.J.H. Schrage --Memories of Marcel Henri Bregstein () / H. Ankum --Unjust enrichment alongside contracts and torts / A.S. Hartkamp --Unjust enrichment in English law / D. Ibbetson --Austrian law of unjust enrichment / M.

Lehmert, M. Rainer. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract.

'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable.

The book makes three. E-BOOK EXCERPT. "Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood.

That is true for a variety of reasons. The subject is seldom taught in law school. This chapter examines the relationship between contract and claims for unjust enrichment (principally for failure of consideration) and argues that, on its true construction, a contract can rule out or limit a restitutionary claim for unjust enrichment even when the contract has been discharged and even where there is no direct contractual link between the claimant and : Gerard Mcmeel.

Barely 10 years old and growing rapidly, the doctrine of unjust enrichment offers splendid rewards to those who understand it and grave dangers to those who do not. This short book explains clearly. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context.

Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract.

This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context.

About Unjust Enrichment and Contract This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or.

Unjust enrichment and the law of contract / Author: edited by E.J.H. Schrage. Publication info: The Hague ; New York: Kluwer Law International, The opening chapters of the book from Professors Robert Stevens and Lionel Smith speak generally of the concepts underpinning unjust enrichment theory and argue strongly that courts in England, Canada and Australia have clearly articulated and firmly recognised the.

It identifies what constitutes unjust enrichment at the plaintiff's expense, and its available remedies, in a number of jurisdictions. Authors explore the boundaries between the law of restitution, the law of torts, and the law of : Hardcover. Goff & Jones is the leading work on the law of unjust enrichment.

The first edition appeared fifty years ago, inand successive editions have played a major role in establishing the central importance of the subject for private and commercial law. Anglo-Canadian Perspectives. Author: Paula Giliker; Publisher: Martinus Nijhoff Publishers ISBN: Category: Law Page: View: DOWNLOAD NOW» 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.

This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual : Tariq Baloch.

Unjust enrichment and contract. [Tariq A Baloch] -- This book examines the role of unjust enrichment in the contractual context, defined as contracts which are. This short book explains clearly and concisely the uses and dangers of the doctrine. Davenport, author of the very successful Construction Claims, and Harris draw primarily upon examples in construction law, where unjust enrichment has had its greatest impact, while pointing out that the principles in their book are of general application.

As the editors point out, the title of the book ‘reflects the fact that unjust enrichment is a discrete source of rights and obligations that ranks alongside contract and civil wrongs in.The 9th Edition of Goff & Jones: The Law of Unjust Enrichment deals with the following six key matters in relation to making a claim: * Explains how a claim in unjust enrichment can be precluded where a defendant's enrichment is mandated by a statute, judgment, natural obligation, or contract * Analyses the principles governing the Author: Professor Charles Mitchell, Professor Paul Mitchell, Dr.

Stephen Watterson.