Goff & Jones On Unjust Enrichment, 10th Edition | 2022 (Pre-Order)

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Goff & Jones On Unjust Enrichment, 10th Edition

Author Professor Charles Mitchell, Professor Paul Mitchell and Professor Stephen Watterson
Publication Date Nov 2022
ISBN 9780414101913
Format Hardcover
Publisher Sweet & Maxwell

 

The definitive work on the law of unjust enrichment is Goff & Jones. The development of the subject's fundamental notions and guiding principles, as well as the subject's vital importance for private and commercial lawyers, have been greatly influenced by subsequent editions. The book is thorough in its coverage and was authored by eminent academics who explain all the laws governing unjust enrichment claims and describe how they have been applied through careful analysis of case law. The book continues to serve as a guide for upcoming advancements in the subject and is frequently cited in courts across the Commonwealth.

The brand-new, 10th edition is entirely current and includes a thorough overview of significant decisions made since the last edition. To account for significant new cases and their effects on topics like the recovery of benefits from distant 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, several chapters have been entirely or substantially rewritten.

The 10th edition addresses the following six crucial issues with regard to stating a claim:

  • explains how an unjust enrichment suit can be dismissed where a defendant must profit himself in order to comply with a law, court order, natural obligation, or contract.
  • shows how claims for various benefits are affected by the principles controlling the identification and valuation of enrichment.
  • ponders whether a defendant must have obtained his or her profits at the claimant's expense.
  • explains the various justifications for restitution, including lack of consent, lack of authority, error, duress, undue influence, and unethical deals, failure of basis, free acceptance, necessity, secondary liability, and ultra vires receipts and payments by public entities.
  • examines defences such as a change in position, a ministerial receipt, a bona fide purchase, estoppel, the impossibility of obtaining counterrestitution, passing on, a limitation, legal incapacity, and illegality
  • explains the private and exclusive remedies for ill-gotten gains

The following significant cases are covered in detail in the new edition:

  • 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)

 

TABLE OF CONTENTS of Goff & Jones On Unjust Enrichment, 10th Edition

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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