The Restatement Third: Restitution and Unjust Enrichment
eBook - PDF

The Restatement Third: Restitution and Unjust Enrichment

Critical and Comparative Essays

  1. 338 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The Restatement Third: Restitution and Unjust Enrichment

Critical and Comparative Essays

About this book

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

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Yes, you can access The Restatement Third: Restitution and Unjust Enrichment by Charles Mitchell, William Swadling, Charles Mitchell,William Swadling in PDF and/or ePUB format, as well as other popular books in Law & Commercial Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2013
Print ISBN
9781849464086
eBook ISBN
9781782251361
Edition
1
Topic
Law
Subtopic
Commercial Law
Index
Law

Table of contents

  1. Prelims
  2. Preface
  3. Contents
  4. Contributors
  5. Table of Cases
  6. Table of Legislation
  7. Table of Other Materials
  8. 1. Rights and Value; Means and Ends
  9. 2. Direct and Indirect Enrichment at the Claimant's Expense in Three-Party Cases
  10. 3. Section 38 and the Lost Doctrine of Failure of Consideration
  11. 4. Duress and Related Forms of Pressure: A Comparative Perspective
  12. 5. Undue Influence: Lessons from America?
  13. 6. Denials and Defences in the Law of Unjust Enrichment
  14. 7. Is There a Defence of Good Consideration?
  15. 8. The Distinctiveness of Law and Equity and the Taxonomy of the Constructive Trust
  16. 9. Proprietary Remedies for Unjust Enrichment: Demystifying the Constructive Trust and Analysing Intentions
  17. 10. The Restatement of Liabilites in Restitution
  18. 11. Restitution for Wrongs
  19. 12. Comparisons with Book VII of the Draft Common Frame of Reference
  20. Index