Defences in Unjust Enrichment
Produktdetaljer
Biografisk notat
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.
<p>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. <br /><br />[The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s].<br /><br />[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.</p>
- 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
<i>Defences in Unjust Enrichment</i> should enjoy a warm welcome from Canadian lawyers. Aside from the fact that three of the papers were written by Canadians, the work holds important lessons for the development of Canadian unjust enrichment under <i>Garland</i>.
- Mitchell McInnes, Faculty of Law, University of Alberta, Canadian Business Law Journal
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
Systematic treatments of defences in private law as a connected field.
This series addresses tort law, unjust enrichment, contract law and equity, in that order. Its aim is to contribute to this theoretically challenging and practically important, yet understudied, area of the law.
The essays that constitute each of the collection in this series are written by some of the world’s leading judges and scholars. They bring together insights from several jurisdictions, including civilian jurisdictions. The series is of value to academics and practitioners alike.
Produktdetaljer
Biografisk notat
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.