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General Principles

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/9780199298501.003.0015
Subject:
Law, Law of Obligations

This chapter examines restitutionary claims that are founded on the commission of a wrong by the defendant. Four types of wrongdoing may trigger the award of restitutionary remedies: tort, breach of ... 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


Establishing Proprietary Restitutionary Claims

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/9780199298501.003.0020
Subject:
Law, Law of Obligations

Two different principles on which restitutionary claims can be founded are unjust enrichment and wrongdoing. This chapter examines the third and final principle on which such claims may be based, ... More


Mistake

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/9780199298501.003.0008
Subject:
Law, Law of Obligations

A claim to recover money mistakenly paid by the claimant to the defendant is often regarded as the paradigm example of a restitutionary claim founded on the principle of unjust enrichment. Mistake as ... More


Incapacity

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/9780199298501.003.0027
Subject:
Law, Law of Obligations

Incapacity can operate as a ground of restitution in its own right, in that it enables the claimant who is incapacitated to secure restitution where the incapacity arises from mental disorder, ... 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


Illegality

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/9780199298501.003.0026
Subject:
Law, Law of Obligations

All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur ... 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


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


Limitation Periods and Laches

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/9780199298501.003.0028
Subject:
Law, Law of Obligations

For reasons of public policy, most civil actions are subject to a time bar whose effect is that, once a particular period of time has passed, the defendant can no longer be sued on that particular ... More


Fundamental Principles and General Bars

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/9780199298501.003.0023
Subject:
Law, Law of Obligations

This chapter examines general defences and bars, which are of general application to all, or almost all, restitutionary claims. Whereas a bar relates to the establishment of the cause of action, a ... More


Restitutionary Claims and Remedies to Vindicate Property Rights

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/9780199298501.003.0021
Subject:
Law, Law of Obligations

Once a claimant has established that he or she has a legal or equitable proprietary interest which can be followed or traced into property which is in the defendant's possession or under the ... More


Establishing Proprietary Restitutionary Claims

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/9780198726388.003.0021
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter examines the third and final principle on which restitutionary claims may be based, namely the vindication of the claimant’s property rights. It discusses the nature of proprietary ... More


At the Expense of the Claimant

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/9780199298501.003.0005
Subject:
Law, Law of Obligations

Where the claimant wishes to obtain restitution from the defendant on the ground of unjust enrichment, it is not enough to show that the defendant has been enriched in circumstances which fall within ... 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


The Defence of Bona Fide Purchase

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/9780199298501.003.0022
Subject:
Law, Law of Obligations

This chapter examines the defence of bona fide purchase. This defence is not generally available to all restitutionary claims, but rather is available to defeat those claims which are based on the ... More


Restitution from Public Authorities

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/9780198726388.003.0015
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses issues of policy and principle in the law of restitution raised by restitutionary claims against public authorities. It explains the grounds of restitution available to recover ... More


Incapacity

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/9780198726388.003.0028
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter analyses the question of whether the defendant’s incapacity can operate as a defence to defeat a restitutionary claim, regardless of the nature of that claim. This raises two ... More


Ignorance

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/9780199298501.003.0007
Subject:
Law, Law of Obligations

Although ignorance has never been recognised by the courts as a ground of restitution in its own right, it has been invoked to explain why restitution has been ordered in a number of cases. In many ... More


Conclusion

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/9780198764441.003.0011
Subject:
Law, Law of Obligations

This chapter begins with a brief summary of the discussions presented in the previous chapters. It then discusses the three areas affected by the understanding of the resulting trust put forward in ... More


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