Restatement of the English Law of Unjust Enrichment

by QC (hon) Burrows FBA

Overview

A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law.

Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.

The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.

Product Details

ISBN-13:	9780199669899
Publisher:	Oxford University Press
Publication date:	02/07/2013
Pages:	250
Product dimensions:	6.30(w) x 9.30(h) x 0.90(d)

About the Author

Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999.

Advisory Group
Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom
Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom
Lord Mance, Supreme Court of the United Kingdom
Lord Justice Moore-Bick, Court of Appeal of England and Wales
Lord Justice Etherton, Court of Appeal of England and Wales
Mr Justice Henderson, High Court of England and Wales
Mr Justice Beatson, High Court of England and Wales
Justice Edelman, Supreme Court of Western Australia
Stephen Moriarty QC, Fountain Court Chambers, London
Laurence Rabinowitz QC, One Essex Court, London
Steven Elliott, One Essex Court, London
Andrew Scott, Blackstone Chambers, London
Professor Robert Chambers, University College, London


Professor Gerard McMeel, University of Bristol
Professor Charles Mitchell, University College, London
Professor Robert Stevens, University of Oxford
William Swadling, University of Oxford
Professor Andrew Tettenborn, University of Swansea
Professor Graham Virgo, University of Cambridge

Table of Contents

Advisory Group vii

Introduction ix

A Restatement of the English Law of Unjust Enrichment 1

Commentary 23

Part 1 General 25

Part 2 Enrichment at the claimant's expense 41

Part 3 When the enrichment is unjust 63

Part 4 Defences 117

Part 5 Restitutionary rights 154

Table of statutes 179

Table of cases 180

Index 187