Research Handbook on Unjust Enrichment and Restitution


Research Handbook on Unjust Enrichment and Restitution

9781788114257 Edward Elgar Publishing
Edited by Elise Bant, Professor of Private Law and Commercial Regulation, UWA Law School, The University of Western Australia and Professorial Fellow, Melbourne Law School, University of Melbourne, Kit Barker, Professor of Law, TC Beirne School of Law, University of Queensland and Simone Degeling, Professor of Law, Faculty of Law, University of New South Wales, Australia
Publication Date: 2020 ISBN: 978 1 78811 425 7 Extent: 544 pp
This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

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This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law.

Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives.
Critical Acclaim
‘This is a superb volume which deserves a permanent place on the bookshelf alongside the existing unjust enrichment and restitution classics. This is sure to become a go-to source for many studying, teaching and researching these topics.’
– William Day, Cambridge Law Journal

‘In the Handbook we have a major addition to the literature on unjust enrichment and restitution. Impressive in the reach of its coverage and the quality of the contributions, it enriches and inspires, and all scholars of unjust enrichment and restitution must give thanks to the editors for having done a splendid job.’
– Daniel Visser, South African Law Journal

‘So many chapters spanning so much content result in a volume to which every anglophone private and commercial lawyer with more than a passing interest in the field will require access, hot on the heels of their leading practitioner-level texts on unjust enrichment and commercial remedies. The best thing about the book is that it provides quite a full one-stop-shop for head-on engagement with many persistent debates about a core private law concept.’
– Mat Campbell, Edinburgh Law Review

‘I was delighted to receive a copy of the Research Handbook edited by Elise, Kit and Simone, and I very much enjoyed dipping into various parts and chapters of it before today. It is an excellent and welcome contribution, capturing the benefits of a coherent and well laid-out structure of textbook on unjust enrichment, while also providing in-depth analysis on particular topics which a textbook rarely has space or time to devote to.

The area I particularly focused on was the Part relating to defences, toward the back of the book. They are, as Graham Virgo points out in his chapter, the Cinderella of Unjust Enrichment – often not the focus of interest by academics, more interested in the interstices of the cause of action. But defences are both vitally interesting and important areas for research and discussion.

The book contains three very thought-provoking and interesting contributions by Graham Virgo, Ross Grantham, and Thomas Krebs.’
– Michael Rush QC, Queens Counsel at the Victorian Bar

‘This impressive collection of chapters by leading private law scholars offers an ideal guide to the basic doctrine of this important branch of the law, to its history and to various controversies concerning its analytical structure and philosophical foundations. A consistently excellent and accessible treatment of this subject with all of its challenges and complexities on full display. It is unquestionably a major contribution to the literature of unjust enrichment and restitution.’
– John D. McCamus, York University, Canada

‘This book is exactly what a Research Handbook should be. It addresses an area of private law that continues to grow in importance worldwide. Many of the top scholars in the field are represented. The book also spans a variety of modern approaches to private law, including legal philosophy, economics and comparative law.’
– Emily Sherwin, Cornell Law School, US
Contributors: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

Table of Contents

1. The Evolution of Unjust Enrichment Law. Theory and Practice.
Elise Bant, Kit Barker and Simone Degeling

Part I History and Comparative Insights
2. Development at Common Law
David Ibbetson

3. Unjust Enrichment: A Comparative Perspective and a Critique
James Gordley

Part II: Taxonomy
4. Restitution and Unjust Enrichment
Andrew Kull

5. Restitution for Wrongs
Craig Rotherham

6. Unjust Enrichment and Contract
Hang Wu Tang

7. Unjust Enrichment and Equity
Lusina Ho

8. Comparative/Civilian perspectives
Helen Scott

Part III: Philosophical Foundations
9. The Corrective Justice of Liability for Unjust Enrichment
Ernest J Weinrib

10. Unjust Enrichment and the Forms of Justice
Dennis Klimchuk

11. A Law and Economics Perspective on Restitution
Chris Wonnell

12. Autonomy, Relational Justice and the Law of Restitution
Hanoch Dagan

Part IV: Analytical Structure
13. Enrichment
Mitchell McInnes

14. At the Claimant’s Expense
Stephen Watterson

15. Unjust Factors versus Absence of Juristic Reason (Causa)
Birke Häcker

16. Impaired Intention Unjust Factors?
Mindy Chen-Wishart and Rory Gregson

17. Conditional Intention as an Unjust Factor
Andrew Burrows

18. No Intention to Benefit
Michael Bryan

19. Other Reasons for Restitution
Charles Mitchell

Part V: Defences
20. A Taxonomy of Defences in Restitution
Graham Virgo

21. Change of Position-Based Defences
Ross GranthamT.H. Wu

22. Disenrichment in German Law
Thomas Krebs

Part VI: Restitutionary Remedies

23. Restitution, Compensation and Disgorgement
Katy Barnett

24. Proprietary Restitution
Timothy Liau and Rachel Leow

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