Goff & Jones: The Law of Unjust Enrichment (formerly The Law of Restitution) - 9781847039101

PRODUCT
DESCRIPTION
CONTENTS
CONTRIBUTOR
INFORMATION
SUBSCRIPTION
INFORMATION
REVIEWS

PRODUCT DESCRIPTION

NEW IN THE 8TH EDITION

A new writing team of established experts in the field ensures you have the latest and most reliable reference tool
Provides a clear introduction to the principles behind unjust enrichment
Covers of the essential ingredients of a claim such as enrichment, at the claimant’s expense and in circumstances that the law deems unjust, such as mistake, undue influence, duress, failure of basis, necessity, secondary liability, and more
Covers all possible defences to claims in unjust enrichment
Discusses personal and proprietary remedies awarded to successful claimants such as money judgements, trusts, subrogation to extinguished rights, and rescission
Includes clear commentary and annotated explanation of all the recent case law

The new 8th edition covers key new cases, including:

Deutsche Morgan Grenfell Group Plc v IRC [2007]
Abou-Rahmah v Abacha [2007]
Halpern v Halpern [2008]
Charter plc v City Index Ltd [2008]
Sempra Metals Ltd v IRC [2008]
Cobbe v Yeoman's Row Management Ltd [2008]
Monro v HMRC [2009]
Serious Fraud Office v Lexi Holdings plc [2009]
Chief Constable of Greater Manchester v Wigan Athletic AFC Ltd [2009]
Test Claimants in the FII Group Litigation v HMRC [2010]
Gibb v Maidstone and Tunbridge Wells NHS Trust [2010]
Haugesund Kommune v Depfa ACS Bank [2011]
Benedetti v Sawiris [2010]
R (Child Poverty Action Group) v Secretary of State for Work and Pensions [2011]
Pitt v Holt [2011]
Costello v MacDonald [2011]

CONTENTS

PART 1 - INTRODUCTION
Chapter 1 - Introduction

PART 2 - JUSTIFYING GROUNDS
Chapter 2 - Justifying Grounds: Statutes, Judgments, and Natural Obligations
Chapter 3 – Justifying Grounds: Contracts

PART 3 - ENRICHMENT
Chapter 4 - Enrichment: General Principles
Chapter 5 - Enrichment: Types of Benefit

PART 4 - AT THE CLAIMANT’S EXPENSE
Chapter 6 - At the Claimant’s Expense: Personal Claims
Chapter 7 - At the Claimant’s Expense: Proprietary Claims

PART 5 - GROUNDS FOR RESTITUTION
Chapter 8 - Lack of Consent and Want of Authority
Chapter 9 - Mistake
Chapter 10 - Duress
Chapter 11 - Undue Influence and Unconscionable Bargains
Chapter 12 - Failure of Basis: General Principles
Chapter 13 - Failure of Basis: Bases of Transfer
Chapter 14 – Failure of Basis: Deposits
Chapter 15 - Frustrated Contracts
Chapter 16 - Anticipated Contracts that Do Not Materialize
Chapter 17 - Free Acceptance
Chapter 18 - Necessity
Chapter 19 - Secondary Liability: Overview
Chapter 20 - Secondary Liability: Contribution and Reimbursement
Chapter 21 - Secondary Liability: Insurers’ Subrogation Rights
Chapter 22 - Money Paid as Taxes and Other Levies that Are Not Due
Chapter 23 - Ultra Vires Payments by Public Bodies
Chapter 24 – Legal Incapacity
Chapter 25 - Illegality
Chapter 26 – Benefits Conferred Under Judgments and Orders that Are Later Reversed

PART 6 - DEFENCES
Chapter 27 - Change of Position
Chapter 28 - Ministerial Receipt
Chapter 29 - Bona Fide Purchase and Good Consideration
Chapter 30 - Estoppel
Chapter 31 - Counter-Restitution Impossible
Chapter 32 - Passing On
Chapter 33 - Limitation
Chapter 34 – Legal Incapacity
Chapter 35 – Illegality

PART 7 - REMEDIES
Chapter 36 - Personal Remedies
Chapter 37 - Proprietary Remedies: General Principles
Chapter 38 - Proprietary Remedies: Trusts
Chapter 39 - Proprietary Remedies: Subrogation to Extinguished Rights
Chapter 40 - Proprietary Restitutionary Remedies: Rescission

CONTRIBUTOR INFORMATION

Charles Mitchell is a Professor of Law at University College London.

Paul Mitchell is a Professor of Law at University College London.

Stephen Watterson is a Fellow of Trinity Hall, Cambridge and a University Lecturer in Law at Cambridge University.

SUBSCRIPTION INFORMATION

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REVIEWS

'Unjust enrichment is a subject which has been shaped by leadership from the academy in the last half century. This new edition will ensure that this continues to be the case. ... [The] text has again advanced the law of unjust enrichment. And for that we owe the new editors, and their two forebears, many thanks.'

His Honour Justice James Edelman, Law Quarterly Review (2012)

'It is difficult to review what is arguably the most anticipated book on unjust enrichment in recent years without first acknowledging the magnitude of the exercise it represents. The new editors of this seminal title have embraced the task of updating it with gusto. Much of the text has been completely restructured and substantially rewritten, presenting a refreshed, accessible and coherent outlook that will appeal to all engaged with the subject, be they student, practitioner, academic or judge. … [This] is certain to be an essential title for many years to come.'

Eli Ball, Restitution Law Review (2012)