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A Restatement of the English Law of Unjust Enrichment (Hardcover)
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A Restatement of the English Law of Unjust Enrichment (Hardcover)
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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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