In The Laws of Restitution, Robert Stevens shows that there is no
unified law of restitution or unjust enrichment. Instead, there are
seven or eight different kinds of private law claim, depending on how
you count them, which have nothing important in common one with
another that have been grouped together by commentators. Few of these
claims have anything to do with enrichment, and what is restituted
differs between them. Like all private law claims, those gathered here
concern (in)justice between individuals, but they have no further
unity. Many of them are not based upon an agreement or a wrong, but
that negative feature has no utility. "Restitution" or "unjust
enrichment' should cease to be discussed as unified areas of law. With
close attention to caselaw and legislation, the work identifies and
describes the various reasons for "restitution" that any properly
constructed system of private law ought to recognise. It explains how
the law of restitution relates to, and is bound up with, contract,
torts, equity, and property law.
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Produktdetaljer
ISBN
9780192885043
Publisert
2023
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter