A Restatement of the English Law of Unjust Enrichment

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9780199669899: A Restatement of the English Law of Unjust Enrichment
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A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law.

Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.

The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

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Review:

This slender and elegantly written volume makes a remarkable and valuable contribution to the literature of the English law of restitution ... The highest compliment that can be paid to a work of this kind by a reviewer is to indicate that the reviewer both enjoyed reading the volume and profited greatly from doing so. (Andrew Burrows, Canadian Business Law Journal)

ROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this. (Kit Barker, Oxford Journal of Legal Studies)

Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. (Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers)

About the Author:

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999. Advisory Group Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom Lord Mance, Supreme Court of the United Kingdom Lord Justice Moore-Bick, Court of Appeal of England and Wales Lord Justice Etherton, Court of Appeal of England and Wales Mr Justice Henderson, High Court of England and Wales Mr Justice Beatson, High Court of England and Wales Justice Edelman, Supreme Court of Western Australia Stephen Moriarty QC, Fountain Court Chambers, London Laurence Rabinowitz QC, One Essex Court, London Steven Elliott, One Essex Court, London Andrew Scott, Blackstone Chambers, London Professor Robert Chambers, University College, London Professor Gerard McMeel, University of Bristol Professor Charles Mitchell, University College, London Professor Robert Stevens, University of Oxford William Swadling, University of Oxford Professor Andrew Tettenborn, University of Swansea Professor Graham Virgo, University of Cambridge

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