The law of restitution / by Lord Goff of Chieveley and Gareth Jones.

London : Sweet & Maxwell, 2007.

7th ed. edited by Gareth Jones.

27019

Goff & Jones : the law of restitution.

Restitution.

Contracts.

Compensation (Law)

Part I. Introduction: 1. General principles

2. Proprietary claims and proprietary remedies

3. Subrogation

Part II. The right to restitution: Sect 1. Where the defendant has acquired a benefit from or by the act of the plaintiff: A. Mistake: 4. Recovery of money paid under a mistake of fact

5. Recovery of money paid under a mistake of law

6. Restitution in respect of services rendered under a mistake

7. Restitution in respect of chattels (other than money) transferred under a mistake

8. Recovery of land transferred under a mistake

9. Relief from transactions entered into under a mistake

B. Compulsion: 10. Recovery of benefits conferred under duress

11. Recovery of benefits conferred under undue influence

12. Relief from unconscionable bargains

13. The right to contribution or recoupment

14. The right to contribution

15. The right to recoupment : compulsory discharge of another's liability

16. Recovery of benefits conferred under judgments or orders subsequently reversed or set aside

C. Necessity: 17. Restitution at common law

18. Other restitutionary claims

D. Ineffective transactions: 19. Introduction

20. Contracts discharged through breach or frustration

21. Contracts for the sale or disposition of land which are void for lack of writing : and void bills of sale

22. Contracts void for want of authority

23. Contracts void for mistake or uncertainty

24. Restitutionary claims and illegal contracts

25. Contracts affected by incapacity

26. Anticipated contracts which do not materialise

27. Money paid to the revenue or to a public authority pursuant to an ultra vires demand

Sect 2. Where the defendant has acquired from a third party a benefit for which he must account to the plaintiff: 28. Attornment

29. Cases where the defendant without right intervenes between the plaintiff and a third party

30. Claims under a will or intestacy or under an inter vivos trust

31. Perfection of imperfect gifts in favour of intended donees

Sect 3. Where the defendant has acquired a benefit through his own wrongful act: 32. Introduction

33. Benefits acquired in breach of fiduciary relationships

34. Benefits acquired in breach of another's confidence

35. Benefits acquired in breach of an undertaking to hold property for the benefit of another

36. Restitutionary claims based on another's tortious act

37. Benefits acquired by reprehensible means

38. Benefits accruing to a criminal from his crime

Part III. Defences: 39. Introduction

40. Change of position and estoppel

41. Good consideration

42. Bona fide purchase

43. Statutes of limitations and laches

43. Res judicata and election.

This title supplies definitive guidance on the theory, principles and practical application of the law of restitution. This edition considers the implications of recent case law and features many substantially rewritten chapters.

Includes bibliographical references and index.

9780421926004