Defences in Unjust EnrichmentAndrew Dyson, James Goudkamp, Frederick Wilmot-Smith 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. |
Contents
| 1 | |
2 Defences and the Disunity of Unjust Enrichment | 27 |
3 Defence Denial or Cause of Action? Enrichment Owed and the Absence of a Legal Ground | 53 |
4 What Kind of Defence is Change of Position? | 69 |
5 The Unity of Prereceipt and Postreceipt Detriment | 87 |
6 Proprietary Restitution and Change of Position | 115 |
Outstanding Issues | 133 |
8 The Defence of Illegality in Unjust Enrichment | 165 |
9 Minority and Unjust Enrichment Defences | 195 |
10 Defences to Restitution Between Victims of a Common Fraud | 229 |
11 Bona Fide Purchase as a Defence in Unjust Enrichment | 255 |
12 Counterfactual Arguments Against Woolwich Liability | 279 |
13 Theory and Practice | 309 |
| 317 | |
| 319 | |
Other editions - View all
Defences in Unjust Enrichment Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Limited preview - 2016 |
Defences in Unjust Enrichment Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith No preview available - 2016 |
Common terms and phrases
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 debt decision defect defendant’s denial detriment discussed disenrichment distinction doctrine effect elements English entitled equitable estoppel example fact factor follows give Goff ground held illegality important interest issue Jones justice law of unjust liability Lord loss matter ment minor mistake obligation operation owed Oxford paid particular payment position defence possible Press principle protection Pty Ltd question reason receipt received recognised recover reference relation relevant reliance responsibility restitution result rule seems suggested third party tion tort transfer trust University unjust enrichment victims