The Principles of the Law of Restitution

The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis.

The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law.

Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.

PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION1. The Essence of Restitution2. Themes and ControversiesPART II UNJUST ENRICHMENT3. Unjust Enrichment: History and Theory4. Enrichment5. At the Expense of the Claimant6. Principles Underlying the Recognition of the Grounds of Restitution7. Legally Effective Bases8. Absence of Intent9. Mistake10. Compulsion11. Exploitation12. Necessity13. Failure of Basis14. Incapacity15. Restitution from Public AuthoritiesPART III RESTITUTION FOR WRONGS16. General Principles17. Restitution for Torts18. Restitution for Breach of Contract19. Restitution for Equitable Wrongdoing20. Criminal OffencesPART IV PROPRIETARY RESTITUTIONARY CLAIMS21. Establishing Proprietary Restitutionary Claims22. Restitutionary Claims and Remedies to Vindicate Property Rights23. The Defence of Bona Fide PurchasePART V GENERAL DEFENCES TO RESTITUTIONARY CLAIMS24. 24, Fundamental Principles25. 25, Defences Arising from Changes in the Defendant's Circumstances26. Passing On and Mitigation of Loss27. Illegality28. Incapacity29. Limitation Periods and Laches