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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Reason and Restitution - A Theory of Unjust Enrichment (Hardcover)
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Reason and Restitution - A Theory of Unjust Enrichment (Hardcover)
Series: Oxford Legal Philosophy
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In law, gains, like losses, don't always lie where they fall. The
circumstances in which the law requires defendants to give up their
gains are well documented in the work of unjust enrichment lawyers.
The same cannot be said, however, of the reasons for ordering
restitution of such gains. It is often suggested that unjust
enrichment's existence can be demonstrated without inquiry into
these reasons, into the principles of justice it represents and
invokes. Yet while we can indeed show that there exists a body of
claims dealing with the recovery of mistaken payments and the like
without going on to inquire into their rationale, this isn't true
of unjust enrichment's existence as a distinct ground of such
claims. If unjust enrichment exists as a body of like cases and
claims, truly independent of contract and tort, it does so by
virtue of the distinct reasons it identifies and to which these
claims respond. Reason and Restitution examines the reasons which
support and shape claims in unjust enrichment and how these reasons
bear on the law's resolution of these claims. The identity of these
reasons matters. For one thing, unjust enrichment's status as a
distinct ground of liability depends on the distinctiveness of
these reasons. But, more importantly, it matters to those charged
with the practical tasks of deciding cases and making laws, for it
is these reasons alone which can direct how judges and legislators
ought to respond to these claims.
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