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Two Kinds of Enrichment

Robert Chambers

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0009
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter argues that there are two different kinds of enrichment: pecuniary value and assignable rights. While most enrichments are valuable rights, enrichment can consist of value without rights ... More


Resisting Temptations to ‘Justice’

Mitchell McInnes

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0005
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter examines the danger that, without proper appreciation of the underlying philosophical foundations of the subject, courts are apt to use the action in unjust enrichment to serve ... More


Introduction

Robert Chambers, Charles Mitchell, and James Penner

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0001
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter provides an overview of the chapters in this volume. Not only does it provide a brief summary of the main issues raised in each chapter, it pursues those issues and considers the ... More


Philosophical Foundations of the Law of Unjust Enrichment

Robert Chambers, Charles Mitchell, and James Penner (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.001.1
Subject:
Law, Law of Obligations, Philosophy of Law

This book's chapters are devoted to the philosophical foundations of one of the most dynamic areas of private law — the law of unjust enrichment. Taking stock of the rapid changes to the law of ... More


Property, Unjust Enrichment, and Defective Transfers

Charlie Webb

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0012
Subject:
Law, Law of Obligations, Philosophy of Law

It is widely accepted that a substantial chunk of restitutionary claims arise out of so-called defective transfers. An asset previously held by the claimant passes into the hands of the defendant, ... More


Tracing

Lionel Smith

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/9780199206551.003.0008
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter traces some strands in the evolution of Peter's thought regarding unjust enrichment and the law of tracing. English law allows a claimant to assert rights in the traceable proceeds of an ... More


The Nature of Responsibility for Gain:Gain, Harm, and Keeping the Lid on Pandora's Box

Kit Barker

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0006
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter examines the nature and origins of legal responsibility for gain in private law. Contrary to recent suggestions, it argues that such responsibility is consistent with our traditional, ... 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


Resulting Trusts

Robert Chambers

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/9780199206551.003.0014
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter argues that resulting trusts always arise to effect restitution of unjust enrichment. It then explains how that understanding of the resulting trust in its traditional categories can ... More


UNJUST ENRICHMENT

Charles Mitchell

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0018
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter discusses the law of unjust enrichment. A claimant must show three things to make out a claim in unjust enrichment: that the defendant was enriched, that his enrichment was gained at the ... 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


Agency and Autonomy in Unjust Enrichment Law

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0006
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter elucidates the normative basis of unjust enrichment. It considers whether unjust enrichment fits within the formalist framework that treats the free will as the sole aspect of the human ... More


The Undoing of Performance: Basics

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0002
Subject:
Law, Comparative Law, Law of Obligations

This chapter begins with a discussion of the performance concept. It shows that the Leistungskondition provides a simple solution for the majority of all unjustified enrichment cases, but does not ... More


The Meaning of Loss and Enrichment

James Edelman

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0008
Subject:
Law, Law of Obligations, Philosophy of Law

The chapter explores the nature and meaning of enrichment in the law of unjust enrichment. It seeks symmetry in several aspects of the law. First, enrichment or gain should be the mirror of loss. In ... More


Philosophical Foundations of Proprietary Remedies

Lionel Smith

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0010
Subject:
Law, Law of Obligations, Philosophy of Law

In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This chapter attempts to expose the philosophical ... More


Three Maps

Peter Birks

in Unjust Enrichment

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.003.0002
Subject:
Law, Law of Obligations

The mapping metaphor was first used by William Blackstone in 1756, when he said that the duty of the ‘academical expounder of the laws’ was to make clear how the various parts of the law fitted ... More


Unjust Enrichment as Absence of Basis: Can English Law Cope?

Gerhard Dannemann

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/9780199206551.003.0020
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the new approach adopted by Peter in Unjust Enrichment. In Unjust Enrichment, Peter abandoned unjust factors in favour of an approach which generally calls for the reversal of ... More


Unjust Enrichment: The Tenant's Tale

Eltjo Schrage

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/9780199206551.003.0029
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter begins in the tenements of ancient Rome to show how medieval and later lawyers tackled the problem of the enrichment of a landlord which was liable to happen if, on the termination 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


The Principle of Unjust Enrichment

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/9780199298501.003.0003
Subject:
Law, Law of Obligations

Although the unjust enrichment principle often operates positively, in the sense that the claimant must establish that the defendant has been unjustly enriched before restitution is available, ... More


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