The nature and scope of restitution : vitiated transfers, imputed contracts, and disgorgement /

The nature and scope of restitution : vitiated transfers, imputed contracts, and disgorgement /

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Bibliographic Details
Author / Creator:	Jaffey, Peter.
Imprint:	Oxford [England] ; Portland, Or. : Hart Pub., 2000.
Description:	1 online resource (xxviii, 445 pages)
Language:	English
Subject:	Restitution -- Great Britain. Unjust enrichment -- Great Britain. Restitution. Unjust enrichment. Great Britain.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/11163084

Hidden Bibliographic Details
ISBN:	9781847311467 1847311466 1280808756 9781280808753 9781472558985 1472558987 1901362485 9781901362480
Notes:	Includes bibliographical references (pages 425-434) and index. Print version record.
Summary:	Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution, with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.
Other form:	Print version: Jaffey, Peter. Nature and scope of restitution. Oxford [England] ; Portland, Or. : Hart Pub., 2000 1901362485 9781901362480

Table of Contents:

Part I: Introduction
1 Vitiated transfers, imputed contracts, and disgorgement
Part II: Claims for payment: restitution and contracts
2 Contract and exchange
3 Imputed contracts and restitutionary claims for payment
4 The use claim
Part III: Reversing vitiated transfers: restitution and property
5 The vitiating factors
6 Vitiated transfers and contracts
7 Change of position, surviving value and bona fide purchase
8 Indirect recipients, three-party cases, and subrogation
9 Restitution and property: a rational scheme
10 Restitution and property: the rational scheme in action
Part IV: Disgorgement
11 Disgorgement
12 Disgorgement for breach of contract
13 Fiduciary relationships
Appendix 1: A note on right-liability primary relations
Appendix 2: A note on law, equity and fusion