The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis.
The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law.
Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
By:
Graham Virgo (University of Cambridge University of Cambridge Pro-Vice Chancellor)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 4th Revised edition
Dimensions:
Height: 255mm,
Width: 175mm,
Spine: 50mm
Weight: 1.753kg
ISBN: 9780198885320
ISBN 10: 0198885326
Pages: 912
Publication Date: 18 July 2024
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION 1: The Essence of Restitution 2: Themes and Controversies PART II UNJUST ENRICHMENT 3: Unjust Enrichment: History and Theory 4: Enrichment 5: At the Expense of the Claimant 6: Principles Underlying the Recognition of the Grounds of Restitution 7: Legally Effective Bases 8: Absence of Intent 9: Mistake 10: Compulsion 11: Exploitation 12: Necessity 13: Failure of Basis 14: Incapacity 15: Restitution from Public Authorities PART III RESTITUTION FOR WRONGS 16: General Principles 17: Restitution for Torts 18: Restitution for Breach of Contract 19: Restitution for Equitable Wrongdoing 20: Criminal Offences PART IV PROPRIETARY RESTITUTIONARY CLAIMS 21: Establishing Proprietary Restitutionary Claims 22: Restitutionary Claims and Remedies to Vindicate Property Rights 23: The Defence of Bona Fide Purchase PART V GENERAL DEFENCES TO RESTITUTIONARY CLAIMS 24: 24, Fundamental Principles 25: 25, Defences Arising from Changes in the Defendant's Circumstances 26: Passing On and Mitigation of Loss 27: Illegality 28: Incapacity 29: Limitation Periods and Laches
Graham Virgo is Professor in English Private Law and Pro-Vice Chancellor for Education at the University of Cambridge, and Fellow of Downing College, Cambridge. He is also a Bencher of Lincoln's Inn. After graduating from Downing College in 1987, and studying for the BCL at Oxford, he lectured in criminal law, taxation, Equity and restitution. His main research interests are the law of restitution, criminal law, and Equity. He is a recipient of The Pilkington Teaching Prize of Cambridge University in Law (2002), recognized for Outstanding Teaching in Law and was nominated in 2013 for the OUP Law Teacher of the Year award.
