Defences in Unjust Enrichment

by Andrew Dyson (Editor), James Goudkamp (Editor), Frederick Wilmot-Smith (Editor)

Overview

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Product Details

ISBN-13:	9781849467254
Publisher:	Hart Publishing UK
Publication date:	03/31/2016
Series:	Hart Studies in Private Law
Pages:	452
Product dimensions:	6.40(w) x 9.30(h) x 1.20(d)

About the Author

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.
James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk.
Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.
Andrew Dyson is a Assistant Professor in Private Law at The London School of Economics and Political Science.


Photograph © LSE Law.

Table of Contents

Foreword v

Contributors ix

Table of Cases xi

Table of Legislation xxvii

Table of Conventions xxx

Table of Restatements xxx

1 Defences in Unjust Enrichment: Questions and Themes Andrew Dyson James Goudkamp Frederick Wilmot-Smith 1

2 Defences and the Disunity of Unjust Enrichment Lionel Smith 27

3 Defence, Denial or Cause of Action? 'Enrichment Owed' and the Absence of a Legal Ground Helen Scott 53

4 What Kind of Defence is Change of Position? Dennis Klimchuk 69

5 The Unity of Pre-receipt and Post-receipt Detriment Ajay Ratan 87

6 Proprietary Restitution and Change of Position Robert Chambers 115

7 Change of Position: Outstanding Issues Elise Bant 133

8 The Defence of Illegality in Unjust Enrichment Graham Virgo 165

9 Minority and Unjust Enrichment Defences Birke Hacker 195

10 Defences to Restitution Between Victims of a Common Fraud Andrew Kull 229

11 Bona Fide Purchase as a Defence in Unjust Enrichment Sonja Meier 255

12 Counterfactual Arguments Against Woolwich Liability Charles Mitchell 279

13 Theory and Practice Robert Reed 309

Index of Authors 317

Index 319