Andrew Lodder

Enrichment in the Law of Unjust Enrichment and Restitution (eBook, PDF)

• Format: PDF

Produktbeschreibung

Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 276
• Erscheinungstermin: 6. Juli 2012
• Englisch
• ISBN-13: 9781847319715
• Artikelnr.: 37927820

Autorenporträt

Andrew Lodder is a Barrister of the Honourable Society of the Inner Temple and Attorney and Counsellor-at-Law in the State of New York. He was formerly a Lecturer in Law at Keble College and St Catherine's College, Oxford.

Inhaltsangabe

1. Introduction I. Unjust Enrichment II. Restitution III. Methodology and
Scope IV. Structure of the Book 2. Value, Rights and Obligations I. The
Concept of Value II. The Concepts of Rights and Obligations III. The
Concept of Wealth IV. The Relationship between the Concepts V. Conclusion
3. Bifurcating the Enrichment Inquiry I. The Meaning of Enrichment II.
Overview of Factual Enrichment III. Overview of Legal Enrichment IV.
Conclusion 4. Factual Enrichment I. The Historical Position II. Money III.
Services IV. Goods V. Land VI. Release of Obligations VII. Conclusion 5.
Legal Enrichment I. Resulting Trusts II. Rescission III. Rectification IV.
Enrichment by Release of Obligations V. Conclusion 6. Freedom of Choice I.
Rejecting Subjective Devaluation II. Proof of Choice of Benefit III.
Incontrovertible Enrichment IV. Conclusion 7. Immediate and Extant
Enrichment I. Immediate Enrichment in Factual Enrichment Cases II.
Immediate Enrichment in Legal Enrichment Cases III. Conclusion 8.
Conclusions and Implications I. Factual and Legal Enrichment II.
Consequences III. Further Implications IV. Conclusion Bibliography I.
Texts, Digests and Restatements II. Journal Articles and Book Chapters