Research Handbook on Unjust Enrichment and Restitution (Research Handbooks in Private and Commercial Law series)

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu C 1 Copyright 5 Contents 6 Contributors 8 Foreword 10 PART I HISTORY AND COMPARATIVE INSIGHTS 11 1 The evolution of unjust enrichment law: theory and practice 13 2 Development at common law 39 3 Unjust enrichment: a comparative perspective and a critique 52 PART II TAXONOMY 72 4 Restitution and unjust enrichment 73 5 Restitution for wrongs 89 6 Unjust enrichment and contract 112 7 Unjust enrichment and equity 134 8 Comparative taxonomy: an introduction 156 PART III PHILOSOPHICAL FOUNDATIONS 178 9 The corrective justice of liability for unjust enrichment 179 10 Unjust enrichment and the forms of justice 197 11 A law and economics perspective on restitution 213 12 Autonomy, relational justice and the law of restitution 230 PART IV ANALYTICAL STRUCTURE 248 13 Enrichment 249 14 At the claimant’s expense 273 15 Unjust factors versus absence of juristic reason (causa) 301 16 Impaired intention unjust factors? 325 17 Conditional intention as an unjust factor 356 18 No intention to benefit 374 19 Other reasons for restitution 391 PART V DEFENCES 408 20 A taxonomy of defences in restitution 409 21 Change of position-based defences 429 22 Disenrichment in German law 448 PART VI RESTITUTIONARY REMEDIES 466 23 Restitution, compensation and disgorgement 467 24 Proprietary restitution 487 Index 509