This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.…mehr
This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.
Robert Chambers is Professor of Law at University College, London. He is the author of Resulting Trusts (OUP, 1997) and is currently writing a volume in the Clarendon Law series on Trusts law. Charles Mitchell is Professor of Law at King's College, London. He is the author of The Law of Contribution and Reimbursement (OUP, 2003) and Subrogation, Law and Practcice (OUP, 2007), he is currently writing a practitioner text on the law of unjust enrichment for OUP. James Penner is Professor of Law at University College, London, specialising in the philosophy of property and private law. He is the author of The Idea of Property in Law (OUP, 1997) and The Law of Trusts (6th ed. OUP, 2008).
Inhaltsangabe
* Contents * List of Contributors * Table of Cases * Table of Legislation * Part I Introduction * 1: Robert Chambers, Charles Mitchell, and James Penner: Introduction * Part II NORMATIVE FOUNDATIONS * 2: Ernest J Weinrib: Correctively Unjust Enrichment * 3: Hanoch Dagan: Restitution's Realism * 4: Dennis Klimchuk: The Normative Foundations of Unjust Enrichment * 5: Mitchell McInnes: Resisting Temptations to 'Justice' * 6: Kit Barker: The Nature of Responsibility for Gain: Gain, Harm, and Keeping the Lid on Pandora's Box * 7: Stephen A. Smith: Unjust Enrichment: Nearer to Tort than Contract * Part III Enrichment * 8: James Edelman: The Meaning of Loss and Enrichment * 9: Robert Chambers: Two Kinds of Enrichment * Part IV UNJUST ENRICHMENT AND PROPERTY * 10: Lionel Smith: Philosophical Foundations of Proprietary Remedies * 11: James Penner: Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds * 12: Charlie Webb: Property, Unjust Enrichment and Defective Transfers * Part V: REASONS FOR RESTITUTION * 13: Aruna Nair: 'Mistakes of Law' and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council * 14: Charles Mitchell and Peter Oliver: Unjust Enrichment and the Idea of Public Law * 15: Prince Saprai: Unconscionable Enrichment?
* Contents * List of Contributors * Table of Cases * Table of Legislation * Part I Introduction * 1: Robert Chambers, Charles Mitchell, and James Penner: Introduction * Part II NORMATIVE FOUNDATIONS * 2: Ernest J Weinrib: Correctively Unjust Enrichment * 3: Hanoch Dagan: Restitution's Realism * 4: Dennis Klimchuk: The Normative Foundations of Unjust Enrichment * 5: Mitchell McInnes: Resisting Temptations to 'Justice' * 6: Kit Barker: The Nature of Responsibility for Gain: Gain, Harm, and Keeping the Lid on Pandora's Box * 7: Stephen A. Smith: Unjust Enrichment: Nearer to Tort than Contract * Part III Enrichment * 8: James Edelman: The Meaning of Loss and Enrichment * 9: Robert Chambers: Two Kinds of Enrichment * Part IV UNJUST ENRICHMENT AND PROPERTY * 10: Lionel Smith: Philosophical Foundations of Proprietary Remedies * 11: James Penner: Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds * 12: Charlie Webb: Property, Unjust Enrichment and Defective Transfers * Part V: REASONS FOR RESTITUTION * 13: Aruna Nair: 'Mistakes of Law' and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council * 14: Charles Mitchell and Peter Oliver: Unjust Enrichment and the Idea of Public Law * 15: Prince Saprai: Unconscionable Enrichment?
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