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The limits of restitutionary claims : a comparative analysis / edited by William Swadling.

Title
The limits of restitutionary claims : a comparative analysis / edited by William Swadling.
Publication
[London] : UKNCCL : Distributed by the British Institute of International and Comparative Law, 1997.

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TextRequest in advance K920 .L56x 1997Off-site

Details

Additional Authors
  • Swadling, William
  • United Kingdom National Committee of Comparative Law
Description
xxii, 259 p.; 25 cm.
Summary
The essays in this volume are revised and updated versions of papers originally presented to a joint colloquium of the Restitution section of the Society of Public Teachers of Law and the United Kingdom National Committee of Comparative Law held in September 1993 at Queen Mary and Westfield College, University of London. The aim of the colloquium was to identify and discuss various limits to restitutionary claims at common law and to then compare the solutions adopted to the same problems by civil law systems. Included in the word "limits" was both defences to restitutionary claims and other factors (eg. the rule that mistake of law is not a ground of restitution) which might inhibit a claim. The four limits chosen for discussion were (i) change of position, (ii) mistake of law, (iii) bona fide purchase, and (iv) illegality.
Series Statement
United Kingdom comparative law series ; v. 17
Uniform Title
United Kingdom comparative law series v. 17.
Subject
  • Restitution
  • Unjust enrichment
Note
  • Updated versions of colloquium papers, 1993.
Bibliography (note)
  • Includes bibliographical references and index.
Processing Action (note)
  • committed to retain
Contents
Ch. 1. Unjust enrichment claims: a comparative analysis / Brice Dickson -- Ch. 2. Change of postition and surviving enrichment / Peter Birks -- Ch. 3. "Change of postition" and "Wegfall der bereicherung" / Heinrich Dörner -- Ch. 4. Restitution and bona fide purchase / William Swadling -- Ch. 5. Bona fide purchase, property and restitution: Lipkin Gorman v. Karpnale in German law / Carsten Zülch -- Ch. 6. The effect of illegality on claims for restitution in English law / Graham Virgo -- Ch. 7. Illegality: the case for discretion / Nili Cohen -- Ch. 8. Mistake of law: time for a change? / Ewan McKendrick -- Ch. 9. Mistake of law: English and Roman comparisons / Lauren Winkel.
ISBN
0904281124
OCLC
  • 37920676
  • SCSB-10478397
Owning Institutions
Harvard Library