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The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject.Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticizing that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically.One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
This volume investigates the fundamental principles governing the law of restitution, specifically examining the tripartite structure of unjust enrichment, restitution for wrongs, and the vindication of property rights. Graham Virgo, a prominent legal scholar, utilizes extensive case law from the Supreme Court and other jurisdictions to refine the theoretical framework of the subject. The text argues that restitutionary law must be understood through both its internal logic and its evolving critical commentary, providing a rigorous analysis of how these principles apply to contemporary legal disputes.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the complexities of restitutionary law. Experts highlight the author's ability to synthesize dense case law into a coherent theoretical framework, making it a standard reference for both students and professionals in the field.
Page Count:
700
Publication Date:
2016-10-11
Publisher:
Oxford University Press
ISBN-10:
0198726392
ISBN-13:
9780198726395
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