The principles of the law of restitution / Graham Virgo.

Oxford : Oxford University Press, 2024.

4th edition

201740

Restitution -- Great Britain.

Unjust enrichment -- Great Britain.

Part I: The fundamental principles of the law of restitution

1. The essence of restitution

2. Themes and controversies

Part II: Unjust enrichment

3. Unjust enrichment. history and theory

4. Enrichment

5. At the expense of the claimant

6. Principles underlying the recognition of the grounds of restitution

7. Legally effective bases

8. Absence of intent

9. Mistake

10. Compulsion

11. Exploitation

12. Necessity

13. Failure of basis

14. Incapacity

15. Restitution from public authorities

Part III: Restitution for wrongs

16. General principles

17. Restitution for torts

18. Restitution for breach of contract

19. Restitution for equitable wrongdoing

20. Criminal offences

Part IV: Proprietary restitutionary claims

21. Establishing proprietary restitutionary claims

22. Restitutionary claims and remedies to vindicate property rights

23. The Defence of bona fide purchase

Part V: General defences to restitutionary claims

24. Fundamental principles

25. Defences arising from changes in the defendant's circumstances

26. Passing On and mitigation of loss

27. Illegality

28. Incapacity

29. Limitation periods and laches.

The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike. - Publisher's website.

Includes bibliographical references and index.

9780198885320

xlviii, 864 pages ; 26 cm