Goff & Jones on Unjust Enrichment
   
 
Författare:Mitchell Paul , Mitchell Charles , Watterson Stephen
Titel:Goff & Jones on Unjust Enrichment
Upplaga:10 uppl.
Utgivningsår:2022
Omfång:1093 sid.
Förlag:Sweet & Maxwell
ISBN:9780414101913
Produkttyp:Inbunden
Typ av verk:Kommentar
Serie:Common Law Library
Ämnesord:Förmögenhetsrätt , Utländsk rätt
Pris: 6688 SEK exkl. moms

 

Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field.

The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims.

The 10th edition deals with the following six key matters in relation to making a claim:

- Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract

- Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit

- Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense

- Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc

- Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality

- Details the personal and proprietary remedies for unjust enrichment

The new edition contains detailed discussion of the following cases of major importance:

- Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275 (exclusion of unjust enrichment by statute; enrichment acquired “at the claimant’s expense”);

- Swynson Ltd v Lowick Rose LLP (in liq.) [2018] A.C. 313 (enrichment acquired “at the claimant’s expense”; subrogation);

- Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869 (exclusion of unjust enrichment by statute);

- Prudential Assurance Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired “at the claimant’s expense”);

- Vodafone Ltd v Office of Communications [2020] Q.B. 857 (counterfactual arguments against Woolwich claims);

- Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1 (limitation rules governing claims founded on mistake);

- Test Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354 (“netting off” of defendant’s gains and losses; interest awards)

- Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] 3 W.L.R. 727 (lawful act duress).

- School Facility Management Ltd v Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution and change of position);

- Samsoondar v Capital Insurance Co Ltd [2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);

- Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R. (Comm.) 1244 (failure of basis; relation between contract and unjust enrichment)


CONTENTS

Part 1 Introduction

Chapter 1 Unjust Enrichment and Restitution

Part 2 Justifying Grounds

Chapter 2 Justifying grounds: Statutes, Judgments and Natural Obligations
Chapter 3 Justifying grounds: Contracts

Part 3 Enrichment

Chapter 4 Enrichment: General Principles
Chapter 5 Enrichment: Types of Benefit

Part 4 At the Claimant’s Expense

Chapter 6 At the Claimant’s Expense: Personal Claims
Chapter 7 At the Claimant’s Expense: Proprietary Claims

Part 5 Grounds for Restitution

Chapter 8 Lack of Consent and Want of Authority
Chapter 9 Mistake
Chapter 10 Duress
Chapter 11 Undue influence and unconscionable bargains
Chapter 12 Failure of Basis: General Principles
Chapter 13 Failure of basis: Bases of transfer
Chapter 14 Failure of basis: deposits
Chapter 15 Frustrated contracts
Chapter 16 Anticipated contracts that do not materialise
Chapter 17 Free acceptance
Chapter 18 Necessity
Chapter 19 Secondary Liability: Overview
Chapter 20 Secondary Liability: Contribution and Reimbursement
Chapter 21 Secondary Liability: Insurer’s Subrogation rights
Chapter 22 Money paid as taxes and Other Levies that are not Due
Chapter 23 Ultra vires payments by public bodies
Chapter 24 Legal incapacity
Chapter 25 Illegality
Chapter 26 Benefits conferred under judgments and orders that are later reversed

Part 6 Defences

Chapter 27 Change of position
Chapter 28 Ministerial receipt
Chapter 29 Bona fide purchase and good consideration
Chapter 30 Estoppel
Chapter 31 Counter-Restitution impossible
Chapter 32 Passing on
Chapter 33 Limitation
Chapter 34 Legal incapacity
Chapter 35 Illegality

Part 7 Remedies

Chapter 36 Personal remedies and interest awards
Chapter 37 Proprietary remedies: general principles
Chapter 38 Proprietary remedies: trusts and liens
Chapter 39 Proprietary remedies: subrogation to extinguished proprietary rights
Chapter 40 Proprietary remedies: rescission and rectification
 
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