Philosophical Foundations of the Law of Unjust Enrichment

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Robert Chambers (Professor of Property Law at University College London.) Charles Mitchell (Charles Mitchell is Professor of Law at King's College London.)

Philosophical Foundations of the Law of Unjust Enrichment

Robert Chambers (Professor of Property Law at University College London.), Charles Mitchell (Charles Mitchell is Professor of Law at King's College London.), James Penner (James Penner is Professor of Property Law at University College London.)

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English

Oxford University Press
19 March 2009

Jurisprudence & philosophy of law; Comparative law; Restitution; Private & Civil law: general works; Contract law

Series: Philosophical Foundations of Law

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

Edited by: Robert Chambers (Professor of Property Law at University College London.), Charles Mitchell (Charles Mitchell is Professor of Law at King's College London.), James Penner (James Penner is Professor of Property Law at University College London.)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 163mm, Spine: 31mm
Weight: 861g
ISBN: 9780199567751
ISBN 10: 0199567751
Series: Philosophical Foundations of Law
Pages: 472
Publication Date: 19 March 2009
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Contents List of Contributors Table of Cases Table of Legislation Part I Introduction 1: Robert Chambers, Charles Mitchell, and James Penner: Introduction Part II NORMATIVE FOUNDATIONS 2: Ernest J Weinrib: Correctively Unjust Enrichment 3: Hanoch Dagan: Restitution's Realism 4: Dennis Klimchuk: The Normative Foundations of Unjust Enrichment 5: Mitchell McInnes: Resisting Temptations to 'Justice' 6: Kit Barker: The Nature of Responsibility for Gain: Gain, Harm, and Keeping the Lid on Pandora's Box 7: Stephen A. Smith: Unjust Enrichment: Nearer to Tort than Contract Part III Enrichment 8: James Edelman: The Meaning of Loss and Enrichment 9: Robert Chambers: Two Kinds of Enrichment Part IV UNJUST ENRICHMENT AND PROPERTY 10: Lionel Smith: Philosophical Foundations of Proprietary Remedies 11: James Penner: Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds 12: Charlie Webb: Property, Unjust Enrichment and Defective Transfers Part V: REASONS FOR RESTITUTION 13: Aruna Nair: 'Mistakes of Law' and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council 14: Charles Mitchell and Peter Oliver: Unjust Enrichment and the Idea of Public Law 15: Prince Saprai: Unconscionable Enrichment?

Robert Chambers is Professor of Law at University College, London. He is the author of Resulting Trusts (OUP, 1997) and is currently writing a volume in the Clarendon Law series on Trusts law. Charles Mitchell is Professor of Law at King's College, London. He is the author of The Law of Contribution and Reimbursement (OUP, 2003) and Subrogation, Law and Practcice (OUP, 2007), he is currently writing a practitioner text on the law of unjust enrichment for OUP. James Penner is Professor of Law at University College, London, specialising in the philosophy of property and private law. He is the author of The Idea of Property in Law (OUP, 1997) and The Law of Trusts (6th ed. OUP, 2008).

Reviews for Philosophical Foundations of the Law of Unjust Enrichment

...the real strength of this book lies in the diversity of the analyses contained within, which will be of use to practitioners and academics alike as they attempt to chart the course of restitution and unjust enrichment in the years to come. Many of the papers have a comparative flavour, giving them an international relevance Benedict Semple Wray, King's College London, Trust Law International 23.3 The essays in this collection greatly advance our understanding of what lies begind unjust enrichment, its elements and its structure AP Simester, Univeristy of Cambridge and National University of Singapore, Oxford Journal of Legal Studies