000 02621nam a22003015i 4500
001 22817856
005 20260325140446.0
008 221011s2023 nyu 000 0 eng
010 _a 2022947801
020 _a9780198945406 (paperback)
035 _a22817856
040 _aDLC
_beng
_erda
_cDLC
042 _apcc
082 _a347.077 STE
100 1 _aStevens, Robert,
_eauthor.
245 1 4 _aThe laws of restitution /
_cRobert Stevens.
250 _aFirst edition.
263 _a2302
264 1 _aNew York :
_bOxford University Press,
_c2023.
300 _axlviii, 433 pages.
_c26 cm.
336 _atext
_btxt
_2rdacontent
365 _bRs. 4099.00
505 _aForeword - Preface - Part I Introduction: 1:Summary - 2:Foundations - Part II Unjustified Performance: 3:Performance - 4:Reversal - 5:Theory - 6:Practice - Part III Conditional Performance: 7:Conditions - 8:Contract - Part IV Intervention in Another's Affairs: 9:Discharge - 10:Necessity - Part V Property and Trusts: 11:Things - 12:Equity: General - 13:Equity: Restitution - 14:Improvements - Part VI Wrongdoing: 15:Wrongs - 16:Profits - 17:Damages - Part VII Countervailing Reasons: 18:Defences - 19:Illegality - Part VIII Apologia: 20:Conclusion.
520 _aIn The Laws of Restitution, Robert Stevens seeks to show that there is no unified law of restitution or unjust enrichment. This is in contrast to the traditional view of restitution which has long been thought to be reducible to a single "unjust enrichment". The author proposes that there are instead (depending on how you count them) seven or eight different kinds of private law claim, none of which have anything important in common one with another, that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. As such, Stevens argues that "restitution" or "unjust enrichment" should cease to be discussed as unified areas of law. In this work, Stevens identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. He also explains how the law of restitution relates to, and is bound up with, areas of contract, torts, equity, and property law.
906 _a0
_bibc
_corignew
_d2
_eepcn
_f20
_gy-gencatlg
942 _2ddc
_cBK
999 _c217888
_d217888