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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law
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Unjust Enrichment and the Law of Contract (Hardcover)
Loot Price: R7,106
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Unjust Enrichment and the Law of Contract (Hardcover)
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Increasingly, in both common law and civil law jurisdictions,
lawyers are seeking to formulate a law of restitution that can
provide a reliable remedy in unjust enrichment actions. This
pursuit has generated renewed interest in how the law of
obligations should be divided. The movement can be seen as both a
product of the recent calls for, and recognition of, an English law
of restitution and a consequence, in civil law jurisdictions (where
traditionally taxonomy has been taken far more seriously), of the
modern quest for a general remedy which will overcome the
widely-felt disadvantages of existing alternatives. This collection
of essays is concerned with these modern developments. It
identifies what constitutes unjust enrichment at the plaintiff's
expense, and its available remedies, in a number of jurisdictions.
Authors explore the boundaries between the law of restitution, the
law of torts, and the law of contract. Their analyses reveal how
the principle of restitution has permeated, hesitatingly at first
and then with greater force, on a case-by-case basis, not only
private law but also administrative law, criminal law, and other
branches of the law. In the final analysis, unjust enrichment
proves to be anything but a Trojan horse smuggled into the
well-built structure of the law of obligations; it is a
fully-fledged cause of action deserving an appropriate and
satisfactory remedy. Scholars and jurists from thirteen countries
met in Amsterdam on 18-20 October 2000, for a conference
commemorating the late Professor Marcel Henri Bregstein
(1900-1957). This book, which presents revised versions of the
papers read during this conference, greatly clarifies the status
and primary trendsin this important area of legal theory and
practice, and is sure to be of value to legal scholars and
practitioners everywhere.
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