The Principles of the Law of Restitution, Fourth Edition | 2024

The Principles of the Law of Restitution, Fourth Edition | 2024

Overview of The Principles of the Law of Restitution, Fourth Edition

New edition of a leading text on restitution law, offering in-depth analysis and a thorough collection of both primary and secondary legal materials.
Explores key controversies surrounding the scope, purpose, and interpretation of restitution law.
Covers a broad range of common law jurisdictions, including England, Canada, Australia, New Zealand, and Singapore.

What's new in this edition:

• Significantly revised to incorporate recent legal developments and scholarly critique

• Introduces new chapters on topics such as claimant's expenditure, lack of intent, and the illegality defence

• Presents a strong justification for the broader field of restitution law and the specific doctrine of unjust enrichment

• Draws extensively on legal decisions and commentary from other common law systems

Description of The Principles of the Law of Restitution, Fourth Edition

he fourth edition of The Principles of the Law of Restitution updates this highly regarded and frequently cited work to reflect the latest developments in the field. Extensively revised, it incorporates major legal changes and the growing body of theoretical and critical scholarship, all while maintaining its hallmark clarity in explanation and analysis.

This edition includes major expansions to chapters covering the historical development of unjust enrichment, the concept of enrichment itself, legally recognized bases for receipt, and compulsion. It also builds on discussions of restitution for wrongs and proprietary claims, and introduces entirely new chapters on issues such as “at the claimant’s expense,” “absence of intent,” and the defence of illegality. While primarily focused on English law, the book also engages in comparative analysis with other common law jurisdictions, including Australia, Canada, New Zealand, and Singapore.

Comprehensive and timely, this volume remains an essential resource for students, scholars, and legal practitioners seeking a deeper understanding of restitution law.

Contents of The Principles of the Law of Restitution, Fourth Edition

PART I THE FUNDAMENTAL PRINCIPLES OF THE LAW OF RESTITUTION
1:The Essence of Restitution
2:Themes and Controversies

PART II UNJUST ENRICHMENT
3:Unjust Enrichment: History and Theory
4:Enrichment
5:At the Expense of the Claimant
6:Principles Underlying the Recognition of the Grounds of Restitution
7:Legally Effective Bases
8:Absence of Intent
9:Mistake
10: Compulsion
11: Exploitation
12:Necessity
13:Failure of Basis
14:Incapacity
15:Restitution from Public Authorities

PART III RESTITUTION FOR WRONGS
16:General Principles
17:Restitution for Torts
18:Restitution for Breach of Contract
19:Restitution for Equitable Wrongdoing
20:Criminal Offences

PART IV PROPRIETARY RESTITUTIONARY CLAIMS
21:Establishing Proprietary Restitutionary Claims
22:Restitutionary Claims and Remedies to Vindicate Property Rights
23:The Defence of Bona Fide Purchase

PART V GENERAL DEFENCES TO RESTITUTIONARY CLAIMS
24:24, Fundamental Principles
25:25, Defences Arising from Changes in the Defendant's Circumstances
26:Passing On and Mitigation of Loss
27:Illegality
28:Incapacity
29:Limitation Periods and Laches

About the Author:

Graham Virgo, University of Cambridge, Pro-Vice-Chancellor

Graham Virgo serves as Professor of English Private Law and Pro-Vice-Chancellor for Education at the University of Cambridge. He is also a Fellow of Downing College and a Bencher of Lincoln's Inn. A graduate of Downing College (1987), he went on to complete the BCL at Oxford before returning to academia, where he has taught subjects including criminal law, taxation, Equity, and restitution. His primary research interests lie in restitution law, criminal law, and Equity. He received the Pilkington Prize for Outstanding Teaching in Law at Cambridge in 2002 and was shortlisted for the OUP Law Teacher of the Year award in 2013.

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