- Title Pages
- Biographical Outline of Peter Birks 1941–2004
- Addresses given at the Memorial Service for Peter Birks on 20 November 2004 in the University Church of St Mary the Virgin, Oxford
- Table of Cases
- Table of Legislation
- Roman Law
- List of Contributors
- 1 The Evolution of the Species
- 2 Absence of Basis: The New Birksian Scheme
- 3 Three Enrichment Issues
- 4 Some Thoughts on Change of Position
- 5 The Role of Fault in the Law of Restitution
- 6 Subrogation: Persistent Misunderstandings
- 7 Tracing
- 8 Gain-Based Damages and Compensation
- 9 Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
- 10 The Further Travails of Duress
- 11 Undue Influence: <i>Beyond</i> Impaired Consent and Wrongdoing towards a Relational Analysis
- 12 Unjust Enrichment, Discharge for Breach, and the Primacy of Contract
- 13 Resulting Trusts
- 14 <i>Jones v Jones</i>: Property or Unjust Enrichment?
- 15 Unjust Delivery
- 16 The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
- 17 Restitution after Termination for Breach of Contract: German Law after the Reform of 2002
- 18 No Basis: A Comparative View
- 19 Unjust Enrichment as Absence of Basis: Can English Law Cope?
- 20 The Fallacy of ‘Restitution for Wrongs’
- 21 Peter Birks and Scots Enrichment Law
- 22 What did <i>Damnum Iniuria</i> Actually Mean?
- 23 The Romanization of Spain: The Contribution of City Laws in the Light of the <i>Lex Irnitana</i>
- 24 Absent Parties and Bloody-Minded Judges
- 25 ‘You Never Can Tell with Bees’: Good Advice from Pooh for Students of the <i>Lex Aquilia</i>
- 26 Late Arrivals: The Appendix in Justinian's Digest Reconsidered
- 27 Logic and Experience in Roman Law
- 28 Unjust Enrichment: The Tenant's Tale
- 29 Bezoar-Stones, Gall-Stones, and Gem-Stones: A Chapter in the History of the Tort of Deceit
- 30 Denials Ancient and Modern, with some Roman Footnotes
- 31 Rumford Market and the Genesis of Fiduciary Obligations
- 32 Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland
- 33 Sir William Jones and the Nature of Law
- The Publications of Peter Birks 1969–2005
- (p.119) 7 Tracing
- Mapping the Law
- Oxford University Press
This chapter traces some strands in the evolution of Peter's thought regarding unjust enrichment and the law of tracing. English law allows a claimant to assert rights in the traceable proceeds of an unauthorized disposition of the claimant's asset; Peter consistently argued that such claims arise to reverse unjust enrichment. It is argued that his understanding of tracing shaped his understanding of much of the law of unjust enrichment. The chapter begins by setting out some of the new and controversial arguments made by Peter in Unjust Enrichment. It then argues that all of these arguments were, to a greater or lesser degree, influenced by his understanding of the nature of claims to traceable proceeds.
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