
Restitution: Past, Present and Future
Essays in Honour of Gareth Jones
- 368 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Restitution: Past, Present and Future
Essays in Honour of Gareth Jones
About this book
The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
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Table of contents
- Cover
- Title
- Copyright
- Contents
- Preface
- Table of Cases
- 1 Misnomer: Peter Birks
- 2 Misnomer: A Response: Andrew Tettenborn
- 3 The History of Quasi-Contract in English Law: J.H. Baker
- 4 The Later History of Restitution: John H. Langbein
- 5 Propriety Restitutionary Claims: Roy Goode
- 6 Three Questions on Proprietary Claims: Sarah Worthington
- 7 Conflicts of Interest, Unjust Enrichment and Wrongdoing: R.C. Nolan
- 8 Conflicts of Interest, Unjust Enrichment, and Wrongdoing: A Commentary: David Fox
- 9 Restitution for Wrongs: The Basis of Liability: Daniel Friedmann
- 10 Civil Disgorgement of Wrongdoers’ Gains: The Temptation to Do Justice: Neil Andrews
- 11 Work Done in Anticipation of a Contract Which Does Not Materialise: Ewan McKendrick
- 12 Work Done in Anticipation of a Contract Which Does Not Materialise: A Response: Steve Hedley
- 13 Restitution and Constructive Trusts: Sir Peter Milliett
- 14 Restitution and Constructive Trusts: A Commentary: A.J. Oakley
- 15 Knowing Receipt: The Need for a New Landmark: Lord Nicholls
- 16 Knowing Receipt: The Need for a New Landmark: Some Reflections: Charles Harpum
- 17 Equitable Doctrine and Discretion In Remedies: Paul Finn
- 18 Restitution in Canada: Beverly McLachlin
- 19 Restitution in Canada: A Commentary: J. Beatson
- 20 What is the Law of Restitution About?: Graham Virgo
- 21 What is the Law of Restitution About: A Commentary: William Swadling
- Index