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Unjust Enrichment Peter Birks (former Regius Professor of Civil Law, All Souls College, University of Oxford)

Unjust Enrichment By Peter Birks (former Regius Professor of Civil Law, All Souls College, University of Oxford)

Summary

Presents an account of the law of unjust enrichment. This book organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences?

Unjust Enrichment Summary

Unjust Enrichment by Peter Birks (former Regius Professor of Civil Law, All Souls College, University of Oxford)

This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.

About Peter Birks (former Regius Professor of Civil Law, All Souls College, University of Oxford)

Regius Professor of Civil Law and Fellow of All Souls College 1989 -; Director of Graduate Studies, Research 1996-2000. Fellow University College London; Hon. Fellow Trinity College Oxford; Hon Sec SPTL 1989-1996; Sec. Standing Conference on Legal Education 1991-1994. Royal Academy of the Netherlands, 2001 SPTL: Vice-President 2001-02, President 2002-03

Table of Contents

PART ONE: INTRODUCTION ; 1. A Core Case ; 2. Three Maps ; PART TWO: ENRICHMENT AT THE EXPENSE OF THE CLAIMANT ; 3. Enrichment ; 4. At the Expense of the Claimant ; PART THREE: UNJUST ; 5. Changing Direction ; 6. Absence of Basis ; PART FOUR: THE RIGHT TO RESTITUTION ; 7. Rights in personam ; 8. Rights in rem ; PART FIVE: DEFENCES ; 9. Disenrichment and Disimpoverishment ; 10. Unjust-Related Defences ; PART SIX: COMPETING TERMINOLOGY ; 11. Competing Generics ; 12. Persistent Fragments

Additional information

NLS9780199276981
9780199276981
0199276986
Unjust Enrichment by Peter Birks (former Regius Professor of Civil Law, All Souls College, University of Oxford)
New
Paperback
Oxford University Press
2005-01-13
360
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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