Defences in Unjust Enrichment

Front Cover
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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Table of Legislation
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
Outstanding Issues
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

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About the author (2016)

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

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