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Philosophical Foundations of the Law of Unjust Enrichment
Edited by Robert Chambers, Charles Mitchell, and James Penner
468 pages
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234x156mm
978-0-19-956775-1
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Hardback
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12 March 2009
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- The first comprehensive attempt to map out the philosophical foundations of a fast changing area of the common law.
- Contributions from leading figures in the field including Ernest Weinrib, James Edelman, Steve Smith, and Lionel Smith.
This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play
in shaping the law.Readership: Academics and advanced students studying philosophy of law or the law of obligations.
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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. Contributors:
Kit Barker, Associate Professor at the T C Beirne School of Law at the University of Queensland.
Robert Chambers, Professor of Property Law at University College London.
Hanoch Dagan, Dean and Professor of Law at the Tel-Aviv University Buchmann Faculty of Law.
James Edelman, Fellow and Tutor in Law at Keble
College, Oxford, Professor of Law at the University of Oxford, and Conjoint Professor at the University of New South Wales.
Dennis Klimchuk, Associate Professor in the Department of Philosophy and the Faculty of Law at the University of Western Ontario.
Mitchell McInnes, Professor of Law at the University of Alberta.
Charles Mitchell, Professor of Law at King's College London.
Peter Oliver, Professor of Law at the University of Ottawa.
James Penner, Professor of Property Law at University College London.
Aruna Nair, Visiting Lecturer in Law at King's College London.
Prince Saprai, Assistant Professor of Law at the University of Warwick.
Lionel Smith, James McGill Professor of Law and Director of the
Quebec Research Centre of Private and Comparative Law at the Faculty of Law, McGill University.
Stephen A Smith, Professor and William Dawson Scholar at the Faculty of Law, McGill University.
Charlie Webb, Lecturer in Law at the London School of Economics and Political Science.
Ernest J Weinrib, University Professor and Cecil A Wright Professor of Law at the University of Toronto.
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"...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
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Contents
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?
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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