Unjust Enrichment and Contract - Image 1

£38.77

Hart Publishing Unjust Enrichment and Contract

Name: Unjust Enrichment and Contract
Brand: Hart Publishing
Price: 38.77 GBP
Availability: InStock

Law

This is the most expensive it has ever been. Walk away.

£39 today · previous high £39 · all-time low £36

NEW HERE?

Amazon shows you one price. We show you all of them.

Tosheroon watches Amazon prices so you don't have to. Every product on Amazon has a price history — we make it visible. Set the price you'd actually pay, and we'll email you the second it gets there. No app, no account, one email.

WHAT'S ON THIS PAGE

↓ Price chart
when this has been cheap or pricey

↓ Forecast
where the price is heading next

↓ Statistics
all-time high & low, recent range

↑ Price alert
name your number, we'll email you

Price History & Forecast

Grey patches = out of stock. Cheaper = lower on the chart. Hover for exact prices.

Last 46 days • 46 data points (No recent data available)

Historical

Generating forecast...

Price Distribution

Price distribution over 46 days • 2 price levels

Days at Price

Current Price

Price Analysis

Most common price: £36 (27 days, 58.7%)

Price range: £36 - £39

Price levels: 2 different prices over 46 days

Description

This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract.

Product Specifications

Brand: Hart Publishing
Format: hardcover
ASIN: 1841139084
Category: Books > Subjects > Business, Finance & Law > Law
Domain: Amazon UK
Release Date: 12 March 2009
Listed Since: 12 February 2009

Barcode

No barcode data available

Hart Publishing Unjust Enrichment and Contract

This is the most expensive it has ever been. Walk away.

Price History & Forecast

Price Distribution

Price Analysis

Description

Product Specifications

Barcode

Similar Products You Might Like

Restatement of the English Law of Unjust Enrichment

Enrichment in the Law of Unjust Enrichment and Restitution: Hart Studies in Private Law - no. 3

Unjust Enrichment and Countervailing Obligations (Hart Studies in Private Law)

Rethinking Unjust Enrichment: History, Sociology, Doctrine, and Theory

Unjust Enrichment and the Law of Contract

Unjust Enrichment and Public Law: A Comparative Study of England, France and the EU

Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment: 18 (Hart Studies in Private Law)

Unjust Enrichment (Clarendon Law Series)

The Application of the Theory of Efficient Breach in Contract Law 2015 (Ius Commune Europaeum): A Comparative Law and Economics Perspective: 142 (Ius Commune: European and Comparative Law Series)

Philosophical Foundations of the Law of Unjust Enrichment

Unjustified Enrichment: Key Issues in Comparative Perspective

Unjustified Enrichment: Key Issues in Comparative Perspective

Reason and Restitution: A Theory of Unjust Enrichment (Oxford Legal Philosophy)

Understanding Unjust Enrichment

Text, Cases and Materials on Equity and Trusts

Text, Cases and Materials on Equity and Trusts

Substantive Law in Investment Treaty Arbitration, 2nd Edition: The Unsettled Relationship Between International Law and Municipal Law (International Arbitration Law Library Series Set)

Restitution in Private International Law

Research Handbook on Unjust Enrichment and Restitution (Research Handbooks in Private and Commercial Law series)

Uniform Law for International Sales under the 1980 United Nations Convention

Landmark Cases in the Law of Restitution

Macdonald's Exemption Clauses and Unfair Terms

Cases and Materials on the Law of Restitution

Commercial Contract Law and Arbitration: From Assignments to Unfair Terms