- Title Pages
- Dedication
- Preface
- Outline Contents
- Table of Cases
- Table of Statutes
- 1 The Essence of Restitution
- 2 Themes and Controversies
- 3 The Principle of Unjust Enrichment
- 4 Enrichment
- 5 At the Expense of the Claimant
- 6 Principles Underlying the Recognition of the Grounds of Restitution
- 7 Ignorance
- 8 Mistake
- 9 Compulsion
- 10 Exploitation
- 11 Necessity
- 12 Failure of Consideration
- 13 Incapacity
- 14 Restitution from Public Authorities
- 15 General Principles
- 16 Restitution for Torts
- 17 Restitution for Breach of Contract
- 18 Restitution for Equitable Wrongdoing
- 19 Criminal Offences
- 20 Establishing Proprietary Restitutionary Claims
- 21 Restitutionary Claims and Remedies to Vindicate Property Rights
- 22 The Defence of <i>Bona Fide</i> Purchase
- 23 Fundamental Principles and General Bars
- 24 Defences Arising from Changes in the Defendant's Circumstances
- 25 Passing On and Mitigation of Loss
- 26 Illegality
- 27 Incapacity
- 28 Limitation Periods and Laches
- Bibliography
- Index
The Essence of Restitution
The Essence of Restitution
- Chapter:
- (p.3) 1 The Essence of Restitution
- Source:
- The Principles of the Law of Restitution
- Author(s):
Graham Virgo
- Publisher:
- Oxford University Press
The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely, to deprive the defendant of a gain rather than to compensate the claimant for loss suffered. These are called the restitutionary remedies. Because there is a group of remedies having a common function of depriving defendants of gains, it can be assumed that there is an independent body of law which can be called the law of restitution. To understand what these remedies are, how they operate, and when they are available requires examination of a complex body of law. This book identifies and analyses the principles which underlie the principles and rules forming the law of restitution. Concepts such as unjust enrichment, vindication of property rights, restitutionary claims, implied contract theory, and rescission are explored.
Keywords: law of restitution, restitutionary remedies, unjust enrichment, property rights, vindication, restitutionary claims, implied contract theory, rescission
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- Title Pages
- Dedication
- Preface
- Outline Contents
- Table of Cases
- Table of Statutes
- 1 The Essence of Restitution
- 2 Themes and Controversies
- 3 The Principle of Unjust Enrichment
- 4 Enrichment
- 5 At the Expense of the Claimant
- 6 Principles Underlying the Recognition of the Grounds of Restitution
- 7 Ignorance
- 8 Mistake
- 9 Compulsion
- 10 Exploitation
- 11 Necessity
- 12 Failure of Consideration
- 13 Incapacity
- 14 Restitution from Public Authorities
- 15 General Principles
- 16 Restitution for Torts
- 17 Restitution for Breach of Contract
- 18 Restitution for Equitable Wrongdoing
- 19 Criminal Offences
- 20 Establishing Proprietary Restitutionary Claims
- 21 Restitutionary Claims and Remedies to Vindicate Property Rights
- 22 The Defence of <i>Bona Fide</i> Purchase
- 23 Fundamental Principles and General Bars
- 24 Defences Arising from Changes in the Defendant's Circumstances
- 25 Passing On and Mitigation of Loss
- 26 Illegality
- 27 Incapacity
- 28 Limitation Periods and Laches
- Bibliography
- Index
