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A Public Goods Theory of Restitution

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0010
Subject:
Law, Comparative Law

This chapter introduces what it calls the “public goods theory of restitution,” which applies when one person's act creates unrequested benefits for two or more people. It begins with examples that ... More


Peter Brian Herrenden Birks 1941–2004

Alan Rodger and Andrew Burrows

in Proceedings of the British Academy, Volume 150 Biographical Memoirs of Fellows, VI

Published in print:
2008
Published Online:
January 2012
ISBN:
9780197264232
eISBN:
9780191734243
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197264232.003.0001
Subject:
History, Historiography

Peter Birks was one of the most influential legal scholars of his generation. He owed that influence to the admiration in which his rigorous and innovative thinking was held by lawyers and judges, ... More


Failure of Consideration

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0012
Subject:
Law, Law of Obligations

Where the claimant transfers a benefit to the defendant pursuant to a transaction which is subject to a condition, or a basis, and this condition has not been satisfied, it is possible to conclude ... More


Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.001.0001
Subject:
Law, Comparative Law

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would ... More


Mapping the Law: Essays in Memory of Peter Birks

Andrew Burrows and Alan Rodger (eds)

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the ... More


The Evolution of the Species

Francis Rose

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0002
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter offers a personal perspective on the development of the English law of restitution, both through the courts and especially through the work of academics. It raises the ‘cliff-hanging’ ... More


Introduction

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0001
Subject:
Law, Comparative Law

This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. ... More


The Essence of Restitution

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0001
Subject:
Law, Law of Obligations

The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely, to deprive the defendant of a gain rather ... More


Absence of Basis: The New Birksian Scheme

Andrew Burrows

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0003
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter analyses the new scheme in Unjust Enrichment for answering the question of whether an enrichment is unjust. It argues that ‘absence of basis’ should not replace the traditional common ... More


The Role of Fault in the Law of Restitution

Graham Virgo

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0006
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter considers a multi-causal view of restitution as being underpinned by three principles — the reversal of unjust enrichment, the giving up of wrongful profits, and the vindication of ... More


Unjust Enrichment, Discharge for Breach, and the Primacy of Contract

Gerard McMeel

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0013
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the relationship between contract and claims for unjust enrichment (principally for failure of consideration) and argues that, on its true construction, a contract can rule out ... More


Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?

Jack Beatson

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0010
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter explores the relationship between the Woolwich principle and other common law grounds for restitution, in particular mistake of law. It argues that the Court of Appeal's reasoning in ... More


The Principles of the Law of Restitution

Graham Virgo

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.001.0001
Subject:
Law, Law of Obligations

This book lays out the key principles underlying the law of restitution, a subject recognised by the House of Lords as a discrete body of law fifteen years ago. The law of restitution is concerned ... More


Themes and Controversies

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0002
Subject:
Law, Law of Obligations

This chapter identifies the key principles and policies which affect the operation and structure of the law of restitution. These principles and policies affect the whole of the law of restitution, ... More


Failure of Basis

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0013
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the grounds of restitution founded on the principle of failure of basis. The most significant ground of restitution founded on the principle of failure of basis arises where ... More


The Modern Law of Estoppel

Elizabeth Cooke

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.001.0001
Subject:
Law, Law of Obligations

The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of ... More


Criminal Offences

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0019
Subject:
Law, Law of Obligations

When an offender has committed a criminal offence, the law of restitution may be relevant in two ways. First, the offender may have received a benefit as a result of the commission of the crime, so ... More


Some Thoughts on Change of Position

Gareth Jones

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0005
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter focuses on change of position, which is the most important defence — both theoretically and practically — to a claim for unjust enrichment. It examines the under-explored question of the ... More


Mistake

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0009
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter analyses mistake as a ground of restitution. It discusses general principles such as the significance of mistake as a ground of restitution, the key policies which determine when a ... More


Restitution

Robert Chambers

in Resulting Trusts

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198764441
eISBN:
9780191695254
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764441.003.0005
Subject:
Law, Law of Obligations

Restitution is the label given to a variety of legal and equitable responses to unjust enrichment gained at the expense of another, which cause that enrichment to be given up to that other. This ... More


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