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Download Philosophical Foundations of the Law of Unjust Enrichment by Robert Chambers, Charles Mitchell, James Penner PDF

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By Robert Chambers, Charles Mitchell, James Penner

This quantity takes inventory of the fast alterations to the legislations of unjust enrichment over the past decade. It bargains a collection of unique contributions from prime inner most legislations theorists studying the philosophical foundations of the legislations. The essays give some thought to the valuable questions raised by way of demarcating unjust enrichment as a separate zone of personal legislations - together with how its normative foundations relate to these of alternative parts of non-public legislation, how the concept that of enrichment pertains to estate conception, how the treatment of restitution pertains to rules of corrective justice and what function psychological parts should still play in shaping the legislation.

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Additional resources for Philosophical Foundations of the Law of Unjust Enrichment

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Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available Library of Congress Cataloging in Publication Data Data available ISBN 978–0–19–956775–1 1 3 5 7 9 10 8 6 4 2 Contents Title Pages List of Contributors Table of Cases Table of Legislation PART I INTRODUCTION 1 Introduction PART II NORMATIVE FOUNDATIONS 2 Correctively Unjust Enrichment 3 Restitution's Realism 4 The Normative Foundations of Unjust Enrichment 5 Resisting Temptations to ‘Justice’ 6 The Nature of Responsibility for Gain:Gain, Harm, and Keeping the Lid on Pandora's Box 7 Unjust Enrichment: Nearer to Tort than Contract PART III ENRICHMENT 8 The Meaning of Loss and Enrichment 9 Two Kinds of Enrichment PART IV UNJUST ENRICHMENT AND PROPERTY 10 Philosophical Foundations of Proprietary Remedies 11 Value, Property, and Unjust Enrichment: Trusts of Traceable Proceeds 12 Property, Unjust Enrichment, and Defective Transfers PART V REASONS FOR RESTITUTION 13 ‘Mistakes of Law’ and Legal Reasoning: Interpreting Kleinwort Benson v Lincoln City Council 14 Unjust Enrichment and the Idea of Public Law 15 Unconscionable Enrichment?

James Edelman is Fellow and Tutor in Law at Keble College, Oxford, Professor of Law at the University of Oxford, and Conjoint Professor at the University of New South Wales. Dennis Klimchuk is Associate Professor in the Department of Philosophy and the Faculty of Law at the University of Western Ontario. Mitchell McInnes is Professor of Law at the University of Alberta. Charles Mitchell is Professor of Law at King's College London. Peter Oliver is Professor of Law at the University of Ottawa. James Penner is Professor of Property Law at University College London.

Charlie Webb is Lecturer in Law at the London School of Economics and Political Science. Ernest J Weinrib is University Professor and Cecil A Wright Professor of Law at the University of Toronto.

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