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Casebook on Restitution

Gerard McMeel

出版	Blackstone, 1996
主題	Law / GeneralLaw / Administrative Law & Regulatory PracticeLaw / Remedies & Damages
ISBN	185431517X9781854315175
URL	http://books.google.com.hk/books?id=gFBHAAAACAAJ&hl=&source=gbs_api

註釋

Restitution has emerged over the last 50 years as an essential component in the modern law of obligations. Its central concerns are the reversal of unjust enrichment and the unscrambling of defective transactions. A major difficulty with studying restitution is terminological. Whereas theolder cases utilize techniques such as "actions for money had and received" and "constructive trusts", modern cases and juristic writings speak of "unjust factors" and "incontrovertible benefit".This volume guides the reader through the often impenetrable language to an appreciation of the leading cases, and a clearer understanding of the practical difficulties of restitution claims. Cases cover issues ranging from the deceptively simple example of mistaken payments to the complicatedfall-out of corporate collapse, as in the "Barlow Clowes", "Polly Peck" and "Maxwell" cases.