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Rethinking unjust enrichment : hisory, sociology, doctrine, and theory / Warren Swain, Sagi Peari.
Publisher: New York : Oxford University Press, 2023Edition: 1Description: xxv, 366 pages 24 cmContent type:- text
- 9780192874146
- 346.029
Contents:
Summary: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two. Provided by publisher.
Table of Cases;
Table of Legislation;
List of Contributors;
Introduction;
I. HISTORY;
1. Contract and Unjust Enrichment: Lessons from History?;
2. A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment in China;
3. Law of Unjust Enrichment in India: Historical Evolution and Contemporary Challenges;
II. SOCIOLOGY;
4. Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment;
5. Restitution in the United States;
6. What was the Problem with ‘Palm Tree Justice’? Language, Justice, Equity, and Enrichment;
III. THEORY;
7. Faute de Mieux;
8. Restitution, Corrective Justice, and Mistakes;
9. Agreement and Restitutionary Liability for Mistaken Payments;
10. Law of Unjust Enrichment or Law of Unjust De-Enrichment?;
11. The Way Forward;
12. Doctrinal Design in Unjust Enrichment: On the Relation of Claims for Restitution and General Private Law;
IV. DOCTRINE;
13. Monism versus Pluralism in Unjust Enrichment;
14. Unjust Enrichment: Looking for a Role;
15. Embracing Private Law’s Miscellany? Unjustified Enrichment and the Civilian Category of Quasi-Contracts;
16. Challenges for Canadian Unjust Enrichment;
Conclusion;
Index.
| Item type | Current library | Shelving location | Call number | Materials specified | Status | Notes | Barcode | |
|---|---|---|---|---|---|---|---|---|
BOOKs
|
. | General Stacks | 346.029 SWA (Browse shelf(Opens below)) | HB | Available | Recommended by Mr. Harsha N | 39872 |
Table of Cases;
Table of Legislation;
List of Contributors;
Introduction;
I. HISTORY;
1. Contract and Unjust Enrichment: Lessons from History?;
2. A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment in China;
3. Law of Unjust Enrichment in India: Historical Evolution and Contemporary Challenges;
II. SOCIOLOGY;
4. Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment;
5. Restitution in the United States;
6. What was the Problem with ‘Palm Tree Justice’? Language, Justice, Equity, and Enrichment;
III. THEORY;
7. Faute de Mieux;
8. Restitution, Corrective Justice, and Mistakes;
9. Agreement and Restitutionary Liability for Mistaken Payments;
10. Law of Unjust Enrichment or Law of Unjust De-Enrichment?;
11. The Way Forward;
12. Doctrinal Design in Unjust Enrichment: On the Relation of Claims for Restitution and General Private Law;
IV. DOCTRINE;
13. Monism versus Pluralism in Unjust Enrichment;
14. Unjust Enrichment: Looking for a Role;
15. Embracing Private Law’s Miscellany? Unjustified Enrichment and the Civilian Category of Quasi-Contracts;
16. Challenges for Canadian Unjust Enrichment;
Conclusion;
Index.
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two. Provided by publisher.