Re-examining Contract and Unjust Enrichment by Giliker, P. (ed.), Paula Giliker

By Giliker, P. (ed.), Paula Giliker

This selection of essays addresses the various primary questions dealing with the legislations of agreement and of unjust enrichment within the twenty-first century from a comparative standpoint. major lecturers from Canada and the uk examine the character and improvement of the foundations of unjust enrichment, their courting with agreement and fiduciary duties and their impression upon conventional contractual doctrines reminiscent of mistake, undue impact, frustration and the overview of damages. The textual content presents an insightful, modern and provocative exam of this fast-developing region of legislations.

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Instead, they insisted upon proof of a positive reason as to why the defendant’s enrichment should be reversed. 14 The claimant’s intention in effecting the impugned transfer might have been impaired by error, qualiſed by some subsequently disappointed condition, induced by illegitimate pressure, or perhaps absent altogether (as in the case of theft). 15 Against that backdrop, Professor Birks’ last major project, before his untimely death, came as something of a shock. 17 That transformation was attributed to (i) his belief that the House of Lords’ judgment in Kleinwort Benson Ltd.

Beatson, ‘The Temptation of Elegance: Concurrence of Restitutionary and Contractual Claims’ in W. Swadling and G. ), The Search for Principle: Essays in Honour of Lord Goff of Chieveley (Oxford University Press, Oxford, 1999) 143, 153 and 154. 12 P. Birks, Failure of Consideration and its place on the map (2002) 2 OUCLJ 1, 5. 13 (2001) 185 ALR 335 (HCA). 14 P. Birks, Unjust Enrichment (Oxford University Press, Oxford, 2003) 107–9, P. , Oxford University Press, Oxford, 2005) 124, J. Beatson and G.

N. 32) above. 37 Chapter 5. 38 Chapter 4. 39 Catharine MacMillan’s comments, based on her experience as a qualiſed lawyer in Canada and as a legal academic in England, are of particular note in this regard. 40 (2004) 237 DLR (4th) 385 (SCC). 41 (2004) 245 DLR (4th) 211 (SCC). 42 (OUP, Oxford 2003); 2nd ed (OUP, Oxford 2005). 43 See G. Virgo, The Principles of the Law of Restitution (n. 28), 130. 44 See K. Barker, ‘The new Birksian approach to unjust enrichment’ (2004) 12 RLR 260, 262–263 and R.

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