Defences in Unjust Enrichment
Andrew Dyson, James Goudkamp, Frederick Wilmot-Smith
Bloomsbury Publishing, Jan 14, 2016 - Law - 452 pages
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 insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
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Defences and the Disunity of Unjust Enrichment
Defence Denial or Cause of Action? Enrichment Owed and the Absence of a Legal
What Kind of Defence is Change of Position?
The Unity of Prereceipt and Postreceipt Detriment
Proprietary Restitution and Change of Position
The Defence of Illegality in Unjust Enrichment
Minority and Unjust Enrichment Defences
Defences to Restitution Between Victims of a Common Fraud
Bona Fide Purchase as a Defence in Unjust Enrichment
Counterfactual Arguments Against Woolwich Liability
Theory and Practice
Other editions - View all
accepted allowed appears apply approach argued argument arises asset authority Bank basis benefit Birks bona fide purchase Burrows cause of action change of position claim claimant common law concerned consequences consideration considered context contract counterfactual Court criminal debt decision defect defendant’s denial detriment discharge discussed disenrichment distinction doctrine effect elements English entitled equitable establish estoppel example fact follows give Goff ground held here–here identified illegality important interest issue justice law of unjust liability Lord loss minor mistake obligation operation owed Oxford paid particular payment position defence possible principle proprietary protection Pty Ltd question reason receipt received recognised recover reference relation relevant reliance responsibility restitution restitutionary result rule seems suggested third party tort transaction transfer trust unjust enrichment victims