The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays

The Restatement Third: Restitution and Unjust Enrichment: Critical and Comparative Essays

by Charles Mitchell, William Swadling

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Overview

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Product Details

ISBN-13: 9781782251378
Publisher: Bloomsbury Publishing
Publication date: 07/18/2014
Series: Hart Studies in Private Law
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 338
File size: 590 KB

About the Author

Charles Mitchell is a Professor of Law at University College London.
William Swadling is a Reader in the Law of Property at the University of Oxford and a Fellow of Brasenose College.
Charles Mitchell is Professor of Law at University College London.
William Swadling is a Reader in the Law of Property at the University of Oxford and a Fellow of Brasenose College.


Photo courtesy of Faculty of Law, University of Oxford.

Table of Contents

Ben McFarlane (Oxford) - 'Enrichment by Value and Rights'
Birke Häcker (Munich) - 'A Comparative Perspective on Indirect Enrichment'
Jacques du Plessis (Stellenbosch) - 'Duress and Compulsion'
William Swadling (Oxford) - 'Undue Influence'
Frederick Wilmot-Smith (Oxford) - 'Failure of Basis'
James Goudkamp (Oxford) and Charles Mitchell (UCL) - 'Absent Element and Affirmative Defences in the Law of Unjust Enrichment'
Andrew Burrows (Oxford) - 'Good Consideration'
Keith Mason (New South Wales) - 'Proprietary Remedies'
Lusina Ho (Hong Kong) - 'Restitutionary Trusts'
Steve Smith (McGill) - 'A Theory of Remedies'
Nicholas McBride (Cambridge) - 'Restitution for Wrongs'
Gerhard Dannemann (Humboldt) - 'The R3RUE and the DCFR'

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