The Nature and Scope of Restitution

(Hardback)

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Description

In recent years there has been growing interest in the law of restitution, with many new books and articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the relation of the law of restitution to other areas of law, including contract and property law. In this work, the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in the light of it. As part of his analysis, Jaffey suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.

Reviews

to the extent that it is possible to raise dust in a sandstorm, this book will undoubtedly do so... the sophistication and originality of the ideas it contains demands a fuller account of Jaffey's vision that might be customary in a review radical new ideas come thick and fast. This is an original and highly ingenious book, which challenges us to reconsider our orthodox beliefs not simply about the law of restitution, but about much of private law. Its overtly provocative agenda makes it a stimulating read The controversies and innovations come so thick and so fast at points as to leave the reader gasping for breath. anyone who is interested in the fascinating and highly complex operation of testing the underlying premises and boundaries of the modern law of restitution will wish to place this free-thinking, intricate and scholarly work on their menu. -- Kit Barker, University of Southampton * Restitution Law Review *

Author Bio

Peter Jaffey is a Professor of Law at Brunel University.