Readership: Academics and advanced students studying philosophy of law or the law of obligations.
Edited by Robert Chambers, Professor of Property Law at University College London., Charles Mitchell, Charles Mitchell is Professor of Law at King's College London., and James Penner, James Penner is Professor of Property Law at University College London.
"...the real strength of this book lies in the diversity of the analyses contained within, which will be of use to practitioners and academics alike as they attempt to chart the course of restitution and unjust enrichment in the years to come. Many of the papers have a comparative flavour, giving them an international relevance" - Benedict Semple Wray, King's College London, Trust Law International 23.3
"The essays in this collection greatly advance our understanding of what lies begind unjust enrichment, its elements and its structure" - AP Simester, Univeristy of Cambridge and National University of Singapore, Oxford Journal of Legal Studies
List of Contributors
Table of Cases
Table of Legislation
Part I Introduction
1: Robert Chambers, Charles Mitchell, and James Penner: Introduction
Part II NORMATIVE FOUNDATIONS
2: Ernest J Weinrib: Correctively Unjust Enrichment
3: Hanoch Dagan: Restitution's Realism
4: Dennis Klimchuk: The Normative Foundations of Unjust Enrichment
5: Mitchell McInnes: Resisting Temptations to 'Justice'
6: Kit Barker: The Nature of Responsibility for Gain: Gain, Harm, and Keeping the Lid on Pandora's Box
7: Stephen A. Smith: Unjust Enrichment: Nearer to Tort than Contract
Part III Enrichment
8: James Edelman: The Meaning of Loss and Enrichment
9: Robert Chambers: Two Kinds of Enrichment
Part IV UNJUST ENRICHMENT AND PROPERTY
10: Lionel Smith: Philosophical Foundations of Proprietary Remedies
11: James Penner: Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds
12: Charlie Webb: Property, Unjust Enrichment and Defective Transfers
Part V: REASONS FOR RESTITUTION
13: Aruna Nair: 'Mistakes of Law' and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council
14: Charles Mitchell and Peter Oliver: Unjust Enrichment and the Idea of Public Law
15: Prince Saprai: Unconscionable Enrichment?