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Goff & Jones On Unjust Enrichment (Hardcover, 10th edition)
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Goff & Jones On Unjust Enrichment (Hardcover, 10th edition)
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Goff & Jones is the leading work on the law of unjust
enrichment. Successive editions have played a major role in
establishing the central importance of the subject for private and
commercial lawyers and developing its key concepts and principles.
The text is comprehensive in coverage and written by highly
respected scholars who explain all of the rules governing claims in
unjust enrichment and discuss how these have been applied through
detailed examination of the case-law. The book is frequently cited
in courts throughout the Commonwealth and continues to signpost
future developments in the field. The new 10th edition is
completely up-to-date and contains detailed discussion of important
decisions since the last edition. Several chapters have been wholly
or substantially rewritten to take account of significant new
cases, and their impact on topics including the recovery of
benefits from remote recipients, the recovery of benefits
transferred on a condition that fails, the recovery of ultra vires
payments by public bodies, the limitation rules governing claims in
unjust enrichment and interest awards on such claims. The 10th
edition deals with the following six key matters in relation to
making a claim: Explains how a claim in unjust enrichment can be
precluded where a defendant's enrichment is mandated by a statute,
judgment, natural obligation, or contract Analyses the principles
governing the identification and valuation of enrichment, and
explains how these apply to claims for different types of benefit
Considers the requirement that a defendant's gain has been acquired
at the claimant's expense Discusses the different grounds for
restitution: lack of consent and want of authority; mistake;
duress; undue influence and unconscionable bargains; failure of
basis; free acceptance; necessity; secondary liability; ultra vires
receipts and payments by public bodies; etc Examines defences
including change of position; ministerial receipt; bona fide
purchase; estoppel; counter-restitution impossible; passing on;
limitation; legal incapacity; illegality Details the personal and
proprietary remedies for unjust enrichment The new edition contains
detailed discussion of the following cases of major importance:
Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275
(exclusion of unjust enrichment by statute; enrichment acquired "at
the claimant's expense"); Swynson Ltd v Lowick Rose LLP (in liq.)
[2018] A.C. 313 (enrichment acquired "at the claimant's expense";
subrogation); Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869
(exclusion of unjust enrichment by statute); Prudential Assurance
Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired "at the
claimant's expense"); Vodafone Ltd v Office of Communications
[2020] Q.B. 857 (counterfactual arguments against Woolwich claims);
Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1
(limitation rules governing claims founded on mistake); Test
Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354
("netting off" of defendant's gains and losses; interest awards)
Pakistan International Airline Corp v Times Travel (UK) Ltd [2021]
3 W.L.R. 727 (lawful act duress). School Facility Management Ltd v
Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution
and change of position); Samsoondar v Capital Insurance Co Ltd
[2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);
Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R.
(Comm.) 1244 (failure of basis; relation between contract and
unjust enrichment)
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