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The Principles of the Law of Restitution
 
 
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The Principles of the Law of Restitution [Paperback]

Graham Virgo
4.0 out of 5 stars  See all reviews (1 customer review)

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Paperback, 11 Nov 1999 --  
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Product details

  • Paperback: 800 pages
  • Publisher: Oxford University Press (11 Nov 1999)
  • Language English
  • ISBN-10: 0198763778
  • ISBN-13: 978-0198763772
  • Product Dimensions: 24.6 x 16.8 x 3.8 cm
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Bestsellers Rank: 383,062 in Books (See Top 100 in Books)
  • See Complete Table of Contents

More About the Author

Graham Virgo
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Product Description

Product Description

This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.

About the Author

Graham Virgo is a Fellow of Downing College at thee University of Cambridge

Inside This Book (Learn More)
First Sentence
Before the principles and rules which form the law of restitution are examined it is vital to ask what this body of law is actually about. Read the first page
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Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover
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3 of 4 people found the following review helpful
Format:Paperback
Any would-be purchaser should be aware that part of this text book constitutes one half of a fairly polarized debate about the nature of rights in substitute assets following the tracing process. Mr Virgo has been 'vindicated' in the House of Lords (see Foskett v McKeown [2001] A.C. 102), but notable academics (Peter Birks, Andrew Burrows) fundementally disagree with him.
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