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Defences in unjust enrichment /
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 insig...
| Clasificación: | Libro Electrónico |
|---|---|
| Otros Autores: | , , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
Hart Publishing,
2016.
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| Colección: | Hart studies in private law. Essays on defences ;
v. 2. |
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- 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.
- 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.
- 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.
- 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.
- 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.