The Laws of Restitution

by Robert Stevens

Overview

In The Laws of Restitution, Robert Stevens shows that there is no unified law of restitution or unjust enrichment. Instead, there are seven or eight different kinds of private law claim, depending on how you count them, which have nothing important in common one with another that have been grouped together by commentators. Few of these claims have anything to do with enrichment, and what is restituted differs between them. Like all private law claims, those gathered here concern (in)justice between individuals, but they have no further unity. Many of them are not based upon an agreement or a wrong, but that negative feature has no utility. "Restitution" or "unjust enrichment' should cease to be discussed as unified areas of law.

With close attention to caselaw and legislation, the work identifies and describes the various reasons for "restitution" that any properly constructed system of private law ought to recognise. It explains how the law of restitution relates to, and is bound up with, contract, torts, equity, and property law.

Product Details

ISBN-13:	9780192885029
Publisher:	Oxford University Press
Publication date:	07/31/2023
Pages:	496
Product dimensions:	9.92(w) x 7.05(h) x 1.31(d)

About the Author

Robert Stevens, Professor of Private Law, University of Oxford

Professor Robert Stevens is the Herbert Smith Freehills Professor of English Private Law at the University of Oxford. Previously he was a Professor of commercial law at UCL, a lecturer in law at the University of Oxford, and a Fellow and Tutor in Law at Lady Margaret Hall. He is also a commercial barrister and has published widely on many aspects of private law, always seeking to show how the theory of academic law has practical relevance to the law as found in the courts. He is the author of Torts and Rights (OUP, 2007).

Table of Contents

ForewordPrefacePart I Introduction1. Summary2. FoundationsPart II Unjustified Performance3. Performance4. Reversal5. Theory6. PracticePart III Conditional Performance7. Conditions8. ContractPart IV Intervention in Another's Affairs9. Discharge10. NecessityPart V Property and Trusts11. Things12. Equity: General13. Equity: Restitution14. ImprovementsPart VI Wrongdoing15. Wrongs16. Profits17. DamagesPart VII Countervailing Reasons18. Defences19. IllegalityPart VIII Apologia20. Conclusion

Editorial Reviews

"The book will be useful for similar reasons to Australian practitioners and judges, especially because in the areas of law addressed Australian authority is often thin and English authority persuasive." — Sydney Law Review

From the Publisher