| Description |
xxvi, 263 pages ; 24 cm |
| Contents |
1. Introduction -- 2. Introduction to the defence of disimpoverishment -- 3. Common law cases on the defence of disimpoverishment -- 4. Statutory defence of disimpoverishment -- 5. What might 'at the expense of' mean? -- 6. What do the cases say 'at the expense of' mean? -- 7. What should 'at the expense of' mean? -- 8. Other arguments for accepting the defence of disimpoverishment -- 9. Other arguments for rejecting the defence of disimpoverishment -- 10. Third parties -- 11. Conclusion |
| Summary |
"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. And finally, by analyzing the reasons in favour of accepting or rejecting 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."--BOOK JACKET |
| Notes |
Table of contents and index are taken from the published works with the permission of the publisher |
|
This book is based on a doctoral thesis presented to the University of Oxford |
| Bibliography |
Includes bibliography [pages 251-256] and index |
| Subject |
Defense (Civil procedure)
|
|
Unjust enrichment.
|
| LC no. |
2006284170 |
| ISBN |
1841136026 (hbk.) |
|
9781841136028 (hbk.) |
|
