Defences in Unjust Enrichment

Dr Andrew Dyson, Dr James Goudkamp (University of Oxford, UK), Frederick Wilmot-Smith , Frederick Wilmot-Smith

$240

Hardback

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English

Hart Publishing
14 January 2016

Restitution

Series: Hart Studies in Private Law: Essays on Defences

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.

Edited by: Dr Andrew Dyson, Dr James Goudkamp (University of Oxford, UK), Frederick Wilmot-Smith, Frederick Wilmot-Smith
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 244mm, Width: 169mm, Spine: 15mm
Weight: 685g
ISBN: 9781849467254
ISBN 10: 1849467250
Series: Hart Studies in Private Law: Essays on Defences
Pages: 360
Publication Date: 14 January 2016
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

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.

Reviews for Defences in Unjust Enrichment

This is a welcome addition to unjust enrichment scholarship, as the study of defenses (and the change of position defence in particular) has been central to the development of this area of law in recent years. [The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s]. [T]he various contributions in this volume provide the reader with state-of-the-art academic analysis of the law of unjust enrichment, together with the most relevant critique of this type of intellectual project. Together, they make for a thought-provoking collection for any reader interested in the fundamental problems of private law theory. -- Yotam Kaplan New Private Law Blog the editors and contributors are to be congratulated on a book which will stimulate further necessary debate about defences to unjust enrichment claims. It should be widely read and engaged with. I look forward to the next instalments in the editors' series, on defences in contract and equity. -- Mat Campbell LLOYD'S MARITIME AND COMMERCIAL LAW QUARTERLY this book ... contains a host of insights, suggestions and arguments that are sure to spawn the kind of new writing on unjust enrichment that is so essential if this area of law is to flourish on sound foundations. -- NICHOLAS J. MCBRIDE The Cambridge Law Journal

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Defences in Unjust Enrichment

Dr Andrew Dyson, Dr James Goudkamp (University of Oxford, UK), Frederick Wilmot-Smith , Frederick Wilmot-Smith

$240

Hardback

Reviews for Defences in Unjust Enrichment

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