The Laws of Restitution

Robert Stevens

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Hardback

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English

Oxford University Press
04 May 2023

Law; Restitution; Commercial law; Contract law; Property law; Torts Law

"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."

By: Robert Stevens
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 252mm, Width: 180mm, Spine: 30mm
Weight: 1g
ISBN: 9780192885029
ISBN 10: 0192885022
Pages: 496
Publication Date: 04 May 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Foreword Preface Part I Introduction 1: Summary 2: Foundations Part II Unjustified Performance 3: Performance 4: Reversal 5: Theory 6: Practice Part III Conditional Performance 7: Conditions 8: Contract Part IV Intervention in Another's Affairs 9: Discharge 10: Necessity Part V Property and Trusts 11: Things 12: Equity: General 13: Equity: Restitution 14: Improvements Part VI Wrongdoing 15: Wrongs 16: Profits 17: Damages Part VII Countervailing Reasons 18: Defences 19: Illegality Part VIII Apologia 20: Conclusion

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).

Reviews for The Laws of Restitution

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 *