Landmark Cases in the Law of Restitution

Landmark Cases in the Law of Restitution

by Charles Mitchell, Paul Mitchell

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Overview

It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute.



In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

Product Details

ISBN-13: 9781847316950
Publisher: Bloomsbury Publishing
Publication date: 04/18/2006
Series: Landmark Cases
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 416
File size: 599 KB

About the Author

Charles Mitchell is a Professor of Law at King's College London. He is the author of, The Law of Contribution and Reimbursement (OUP, 2003) and co-author of Hayton and Marshall's Commentary and Cases on the Law of Trusts and Equitable Remedies 12th edn (Sweet Maxwell, 2005).

Paul Mitchell is a Senior Lecturer in Law at King's College London and the author of The Making of the Modern Law of Defamation (Hart, 2005).
Charles Mitchell is Professor of Law at University College London.
Paul Mitchell is Professor of Law at University College London.

Table of Contents

Preface to Paperback Edition vii

Preface and Acknowledgements ix

Notes on Contributors xiii

Table of Cases xv

Table of Legislation xxxiii

1 Lamplugh v Brathwaite (1615) David Ibbetson 1

2 Moses v Macferlan (1760) Warren Swain 19

3 Taylor v Plumer (1815) Lionel Smith 39

4 Planche v Colburn (1831) Charles Mitchell Charlotte Mitchell 65

5 Marsh v Keating (1834) James Edelman 97

6 Erlanger v New Sombrero Phosphate Co (1878) Michael Lobban 123

7 Phillips v Homfray (1883) William Swadling 163

8 Allcard v Skinner (1887) Charlotte Smith 183

9 Sinclair v Brougham (1914) Eoin O'Dell 213

10 Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) Paul Mitchell 247

11 Re Diplock (1948) Tim Akkouh Sarah Worthington 285

12 Solle v Butcher (1950) Catharine Macmillan 325

Index 361

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