The identity and existence of a loss-based defence in the law of
unjust enrichment is disputed. Widely known as 'passing on', but
better identified as 'disimpoverishment', this defence has generated
confusion and disagreement across and within England, Australia,
Canada and the United States of America. This book seeks to address
these problems in three ways. First, by providing a solution to the
defence's terminological problems and presenting a coherent picture of
the current state of the law. Secondly, by examining whether a
defendant's unjust enrichment can be said to have come 'at the expense
of' a claimant when a third party has borne the cost of that
enrichment. Put another way, whether awards of restitution are, or
should be, restricted by the value of a claimant's loss. And finally,
by analyzing the reasons in favour of accepting or rejecting a
loss-based defence in the law of unjust enrichment. Numerous scholarly
textbooks and law journals have devoted space to these issues. This
work, however, has tended to focus narrowly on either particular cases
or sets of issues. This book seeks to address this deficiency by
collating, and providing total coverage of, the controversies and
questions pertaining to a loss-based defence in the law of unjust
enrichment.This work will be essential reading for anyone interested
in the law of restitution, and in its relationship with other areas of
private law.
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Produktdetaljer
ISBN
9781847312709
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter