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Robert Chambers - Philosophical Foundations of the Law of Unjust Enrichment

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This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.

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(p.iv) Philosophical Foundations of the Law of Unjust Enrichment - image 1

  • Great Clarendon Street, Oxford OX2 6DP
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  • First published 2009
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  • British Library Cataloguing in Publication Data
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  • ISBN9780199567751
  • 13579108642
Philosophical Foundations
of the Law of Unjust Enrichment
Robert Chambers, Charles Mitchell,
James Penner

Contents






(p.vii) List of Contributors
  • Kit Barker is Associate Professor at the TC Beirne School of Law at the University of Queensland.

  • Robert Chambers is Professor of Property Law at University College London.

  • Hanoch Dagan is Dean and Professor of Law at the Tel-Aviv University Buchmann Faculty of Law.

  • James Edelman is Fellow and Tutor in Law at Keble College, Oxford, Professor of Law at the University of Oxford, and Conjoint Professor at the University of New South Wales.

  • Dennis Klimchuk is Associate Professor in the Department of Philosophy and the Faculty of Law at the University of Western Ontario.

  • Mitchell McInnes is Professor of Law at the University of Alberta.

  • Charles Mitchell is Professor of Law at King's College London.

  • Peter Oliver is Professor of Law at the University of Ottawa.

  • James Penner is Professor of Property Law at University College London.

  • Aruna Nair is Visiting Lecturer in Law at King's College London.

  • Prince Saprai is Assistant Professor of Law at the University of Warwick.

  • Lionel Smith is James McGill Professor of Law and Director of the Quebec Research Centre of Private and Comparative Law at the Faculty of Law, McGill University.

  • Stephen A Smith is Professor and William Dawson Scholar at the Faculty of Law, McGill University.

  • Charlie Webb is Lecturer in Law at the London School of Economics and Political Science.

  • Ernest J Weinrib is University Professor and Cecil A Wright Professor of Law at the University of Toronto.

(p.viii)
(p.ix) Table of Cases
  • A v Essex CC [2003] EWCA Civ 1848, [2004] 1 WLR 1881

  • A v Home Secretary [2004] UKHL 56, [2005] 2 AC 68

  • A-G v Blake [2000] UKHL 45, [2001] 1 AC 268; rev'g [1997] EWCA Civ 3008, [1998] Ch 439

  • A-G v Guardian Newspapers Ltd (no 2) [1988] UKHL 6, [1990] 1 AC 109

  • A-G v Jonathan Cape Ltd [1976] QB 752

  • A-G for Hong Kong v Reid [1993] UKPC 2, [1994] 1 AC 324, [1994] 1 NZLR 1

  • African-American Slave Descendants Litigation, Re, 375 F Supp 2d 721 (ND Ill, 2005)

  • African-American Slave Descendants Litigation, Re, 471 F 3d 754 (7th Cir, 2005)

  • Air Canada v British Columbia [1989] 1 SCR 1161, 59 DLR (4th) 161

  • Air Canada v Ontario (Liquor Control Board) [1997] 2 SCR 581, 148 DLR (4th) 193; rev'g (1995) 126 DLR (4th) 301 (Ont CA)

  • Aleck v Tevis, 34 Ky (4 Dana) 242 (1836)

  • Alexander v Oklahoma, 382 F 3d 1206 (10th Cir, 2004)

  • Alexander v Rolls-Royce Motor Cars [1996] RTR 95

  • Allcard v Skinner (1887) 36 Ch 145 (Ch)

  • Allied Air Conditioning Inc v British Columbia (1994) 109 DLR (4th) 463 (BC CA)

  • Alperin v Vatican Bank, 410 F 3d 532 (9th Cir, 2005)

  • Anchor Brewhouse Developments Ltd v Berkley House (Docklands Developments) Ltd (1987) 38 Building LR 82

  • Andrews v Bousfield (1847) 10 Beav 511, 50 ER 678

  • Angelopoulos v Sabatino [1995] 65 SASR 1 (SC)

  • Anns v Merton LBC [1977] UKHL 4, [1978] AC 728

  • Argentino, The (1883) 13 PD 191 (CA)

  • Armitage v Nurse [1997] EWCA Civ 1279, [1998] Ch 241

  • Armory v Delamirie [1722] EWHC KB J94, 1 Strange 506, 93 ER 664

  • Austrian and German Bank Holocaust Litigation, 80 F Supp 2d 164 (SD NY, 2000)

  • Aylesford, see Earl of Aylesford

  • B v NHS Hospital Trust [2002] EWHC 429 (Fam), [2002] 2 All ER 449

  • Backhouse v Backhouse [1978] 1 WLR 243, [1978] 1 All ER 1158

  • Baker v Courage & Co [1910] 1 KB 56

  • Baker v Willoughby [1969] UKHL 8, [1970] AC 467

  • Bale v Marchall (1457) 10 SS 143

  • Bank of Credit and Commerce International (Overseas) Ltd v Akindele [2000] EWCA Civ 502, [2001] Ch 437

  • Bank of Saipan v CNG Financial Corp, 380 F 3d 836 (5th Cir, 2004)

  • Banque Belge pour L'Etranger v Hambrouck [1921] 1 KB 321 (CA)

  • Banque Financire de la Cit v Parc (Battersea) Ltd [1998] UKHL 7, [1999] AC 221

  • Banque Worms v Bank America Int, 570 NE 2d 189 (NY, 1991)

  • Barclays Bank plc v O'Brien [1993] UKHL 6, [1994] AC 180

  • Barrett v Enfield LBC [1999] UKHL 25, [2001] 2 AC 550

  • Barton v Armstrong [1973] UKPC 2, [1976] AC 104

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