
This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
This book investigates the core legal question of how the law of unjust enrichment should be structured and understood within modern jurisprudence. Peter Birks, a preeminent scholar in the field of restitution, argues for a fundamental shift in legal terminology and conceptual framework. By moving away from archaic language, he proposes a systematic approach that prioritizes the event of enrichment over the response of restitution, providing a clear analytical model for legal practitioners and students.
What You Will Find
Scope Limits
Legal scholars and practitioners widely recognize this work as a foundational text that redefined the study of unjust enrichment. Experts frequently highlight the clarity of Birks's analytical framework as a vital tool for navigating complex restitutionary claims.
Page Count:
351
Publication Date:
2005-01-01
Publisher:
OUP Oxford
ISBN-10:
0191018856
ISBN-13:
9780191018855
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