The Principles of the Law of Restitution - Softcover

Virgo, Graham

Softcover

ISBN 10: 0199298505 ISBN 13: 9780199298501

Publisher: OUP Oxford, 2006

Synopsis

The second edition of this textbook lays out the key principles which underlie that body of law known as the law of restitution. This subject was recognised by the House of Lords as a discrete body of law fifteen years ago - although restitutionary principles have, in fact, been evolving for over 200 years. Since the recognition of the subject by the House of Lords the subject has developed dramatically, and even more rapidly since the publication of the first edition of this text in 1999.

The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. In this book the author asserts that restitutionary remedies are triggered by three different types of action:

The reversal of the defendant's unjust enrichment

The commission of a wrong by the defendant

The vindication of the claimant's property rights

Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.

About this title

Review:

...a fine addition to the corpus of restitution literature, a book well worth owning and recommending to those studying restitution for the first time. (Duncan Sheehan, Restitution Law Review)

...in terms of user-friendliness it cannot be faulted...no detail is left unaccounted for... (James Couser, Lloyd's Maritime and Commercial Law Quarterly)

About the Author:

Graham Virgo read Law at Downing College, Cambridge. he then went to Christ Church, Oxford to read for the BCL and then qualified as a barrister. He returned to Downing College. Cambridge where he has been a Fellow since 1989. He in now a Reader in English Law at the Faculty of Law and Fellow, Director of Studies in Law and Senior Tutor at Downing College. He teaches Restitution, Crime, Conflict of Laws and Equity. He researches in all these areas. He is a door tenant at 24 Old Buildings. He in the editor of the restitution chapter in Chitty on Contracts (29th ed 2004) and Buckley on the Companies Act.

About this edition

• Publisher: OUP Oxford
• Publication date: 2006
• ISBN 10: 0199298505
• ISBN 13: 9780199298501
• Binding: Paperback
• Edition number: 2
• Number of pages: 848