| Description |
1 online resource |
| Series |
Hart studies in private law: essays on defences ; volume 2 |
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Hart studies in private law. Essays on defences ; v. 2.
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| Contents |
Foreword ; Table of Contents ; Contributors ; Table of Cases ; Table of Legislation ; Table of Conventions; Table of Restatements; 1. Defences in Unjust Enrichment: Questions and Themes ; 1. Introduction ; 2. Two Questions about Defences ; 3. Themes across Private Law ; 4. The Structure of the Book ; 2. Defences and the Disunity of Unjust Enrichment ; 1. Introduction ; 2. What is a Cause of Action? ; 3. Is Unjust Enrichment a Cause of Action? ; 4. Conclusion ; 3. Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground ; 1. Defences and denials |
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2. Is 'Enrichment Owed' a Defence or a Denial in English Law? 3. The Claimant's Cause of Action: 'Enrichment Owed' and the Absence of a Legal Ground ; 4. Conclusion ; 4. What Kind of Defence is Change of Position? ; 1. Unjust Enrichment ; 2. Change of Position ; 3. Defences in Criminal Law ; 4. Is Change of Position a Denial or a Defence? ; 5. Is Change of Position an Exculpatory or a Non-exculpatory Defence? ; 6. Is Change of Position a Justification or an Excuse? ; 7. An Important Counter-example34 ; 5. The Unity of Pre-receipt and Post-receipt Detriment ; 1. Introduction |
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2. Contestant Baselines 3. Objections to the Orthodox Baselines ; 4. The Case for the 'No Defect' Counterfactual ; 5. Conclusion ; 6. Proprietary Restitution and Change of Position ; 1. Change of Position and its Limits ; 2. Personal and Proprietary Restitution ; 3. Kinds of Enrichment ; 4. Successors in Title ; 5. Unjustly Enriched Defendants and Others ; 7. Change of Position: Outstanding Issues ; 1. Introduction ; 2. AFSL v Hills Industries ; 3. Finding the Rationale of the Defence: The Role and Meaning of 'Detriment' ; 4. Independent Changes of Position |
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5. The Relationship between Change of Position and Other Defences 6. Conclusion ; 8. The Defence of Illegality in Unjust Enrichment ; 1. Introduction ; 2. Public Policy and Justice ; 3. The Policies behind the Ilegality Defence ; 4. The Operation of Illegality as a Defence in the Law of Unjust Enrichment ; 5. Defining Turpitude ; 6. Mechanisms for Excluding the Illegality Defence ; 7. Serious Criminal Culpability ; 8. Synthesis ; 9. Minority and Unjust Enrichment Defences ; 1. Introduction ; 2. Minor as Claimant ; 3. Minor as Defendant ; 4. Conclusion |
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10. Defences to Restitution Between Victims of a Common Fraud 1. The Creditor/Payee's Defence ; 2. The Mercantile Rule ; 3. Victim v Victim ; 4. Jessel's Bag in Reverse ; 11. Bona Fide Purchase as a Defence in Unjust Enrichment ; 1. Bona Fide Purchase as a Means of Acquiring Title ; 2. Bona Fide Purchase and Proprietary Remedies ; 3. Bona Fide Purchase and Personal Claims Based on Receipt ; 4. The Possible Rationale of Bona Fide Purchase as a Defence against Personal Claims |
| Summary |
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 |
| Notes |
Includes index |
|
Online resource; title from PDF title page (EBSCO, viewed January 4, 2016) |
| Subject |
Unjust enrichment -- Great Britain
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Restitution -- Great Britain
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Defense (Civil procedure) -- Great Britain
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Restitution.
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LAW -- Administrative Law & Regulatory Practice.
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Defense (Civil procedure)
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Restitution
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Unjust enrichment
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Great Britain
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| Form |
Electronic book
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| Author |
Dyson, Andrew, editor.
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Goudkamp, James, 1980- editor.
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Wilmot-Smith, Frederick, 1986- editor.
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| ISBN |
9781782256366 |
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1782256369 |
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9781782256359 |
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1782256350 |
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