Enrichment in the law of unjust enrichment and restitution /
"Enrichment is the 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...
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| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Oxford ; Portland, Or. :
Hart Pub.,
2012
|
| Series: | Hart studies in private law ;
v. 3 |
| Subjects: | |
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| LEADER | 00000cam a2200000 a 4500 | ||
|---|---|---|---|
| 001 | 801417916 | ||
| 003 | OCoLC | ||
| 005 | 20180928034933.0 | ||
| 008 | 120723s2012 enk b 001 0 eng c | ||
| 010 | |a 2012471262 | ||
| 020 | |a 9781849463294 | ||
| 020 | |a 1849463298 | ||
| 040 | |a ZZX |b eng |c ZZX |d YDXCP |d BTCTA |d UKMGB |d CDX |d BWK |d YNK |d UV0 |d BWX |d OCLCO |d LGG |d DLC |d DU0 |d NDL |d ZYF |d UTO |d YLS |d COO |d WLL |d OCLCF |d OCLCQ |d CUH |d LRP |d UX0 |d OCLCQ |d DHA |d OCLCQ |d VLA | ||
| 042 | |a pcc | ||
| 049 | |a VLAM | ||
| 050 | 4 | |a K920 |b .L63 2012 | |
| 100 | 1 | |a Lodder, A. V. M. |q (Andrew V. M.), |d 1982- | |
| 245 | 1 | 0 | |a Enrichment in the law of unjust enrichment and restitution / |c A V M Lodder |
| 260 | |a Oxford ; |a Portland, Or. : |b Hart Pub., |c 2012 | ||
| 300 | |a xxvi, 248 pages ; |c 24 cm | ||
| 490 | 1 | |a Hart studies in private law ; |v v. 3 | |
| 500 | |a Based on the author's thesis (Ph. D.) | ||
| 504 | |a Includes bibliographical references (pages 227-234) and index | ||
| 505 | 0 | |a Introduction -- Value, rights and obligations -- Bifurcating the enrichment inquiry -- Factual enrichment -- Legal enrichment -- Freedom of choice -- Immediate and extant enrichment -- Conclusions and implications | |
| 520 | |a "Enrichment is the 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"--Page [i] | ||
| 650 | 0 | |a Unjust enrichment | |
| 650 | 0 | |a Restitution | |
| 830 | 0 | |a Hart studies in private law ; |v v. 3 | |
| 907 | |a .b2187012 | ||
| 998 | |a lower | ||
| 999 | |c 103049 | ||
| 852 | |a Law Library |b Lower Level |h K920 .L63 2012 |p 33940004225866 | ||