The Restatement Third Restitution and Unjust Enrichment 1st edition by Professor Charles Mitchell, William Swadling ISBN 1849464081 978-1849464086

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ISBN 10: 1849464081
ISBN 13: 978-1849464086
Author: Professor Charles Mitchell, William Swadling 

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

The Restatement Third Restitution and Unjust Enrichment 1st Table of contents:

1. Rights and Value; Means and Ends

2. Direct and Indirect Enrichment at the Claimant’s Expense in Three-Party Cases

3. § 38 and the Lost Doctrine of Failure of Consideration

4. Duress and Related Forms of Pressure: A Comparative Perspective

5. Undue Influence: Lessons from America?

6. Denials and Defences in the Law of Unjust Enrichment

7. Is There a Defence of Good Consideration?

8. The Distinctiveness of Law and Equity and the Taxonomy of the Constructive Trust

9. Proprietary Remedies for Unjust Enrichment: Demystifying the Constructive Trust and Analysing Intentions

10. The Restatement of Liabilities in Restitution

11. Restitution for Wrongs

12. Comparisons with Book VII of the Draft Common Frame of Reference

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Tags: Professor Charles Mitchell, William Swadling, The Restatement, Unjust Enrichment