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Thursday, July 23, 2020 | History

3 edition of Enrichment and restitution in New Zealand found in the catalog.

Enrichment and restitution in New Zealand

Ross Grantham

Enrichment and restitution in New Zealand

by Ross Grantham

  • 203 Want to read
  • 32 Currently reading

Published by Hart Pub. in Oxford, Portland, Or .
Written in English

    Places:
  • New Zealand.
    • Subjects:
    • Restitution -- New Zealand.,
    • Unjust enrichment -- New Zealand.

    • Edition Notes

      Includes bibliographical references (p. [489]-507) and index.

      Other titlesEnrichment & restitution
      StatementRoss Grantham, Charles Rickett.
      ContributionsRickett, C. E. F.
      Classifications
      LC ClassificationsKUQ939 .G73 2000
      The Physical Object
      Paginationxlviii, 516 p. ;
      Number of Pages516
      ID Numbers
      Open LibraryOL6901076M
      ISBN 101901362922, 1901362396
      LC Control Number00711693

      Enrichment and Restitution in New Zealand by Ross Grantham and Charles Rickett, (also here, here and here) (Hart Publishing) (Google Books) Enriquecimento Sem Causa - Col. Prof. Agostinho Alvim by Giovanni Ettore Nanni.   A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment.

        Following the publication of Restatement of Restitution in the United States in and , the modern law of unjust enrichment in England went through a period of transition, thus creating the bedrock for current practice. Birks outlines the problems faced by restitution as an old material within a current framework asserting that, until. RESTITUTION AND THE PRODUCTION OF LEGAL DOCTRINE garde of private law theory.6 As a result, in English law, restitutionary principles have been employed to resolve such pressing questions as the availability of tax re funds from the government, 7 the financial consequences of public contracts that overstep the government’s constitutional authority,8 theCited by: 1.

      11 See Birks, Unjust Enrichment, above n 9, –9. 12 Birks, ‘Equity, Conscience, and Unjust Enrichment’, above n 1, 19– 13 Ibid 14 Decisions not discussed include Australia & New Zealand Banking Group Ltd v Westpac Banking Corp () CLR (ministerial receipt) and Commissioner of State Revenue. In this respect his book makes an important contribution to the debate in this field. Restitution and contract overlap in many places. We know that in certain circumstances, following discharge for breach, restitution may be given to remedy a claim in subtractive unjust enrichment on the ground of failure of consideration.


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Enrichment and restitution in New Zealand by Ross Grantham Download PDF EPUB FB2

About Enrichment and Restitution in New Zealand. The Law of restitution has developed apace,taking its doctrinal starting point for the most part from the principle of unjust enrichment.

This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of. Enrichment and Restitution in New Zealand [Grantham, Ross, Rickett, C.E.F.] on *FREE* shipping on qualifying offers. Enrichment and Restitution in New Zealand5/5(1).

Enrichment and Restitution in New Zealand by Ross Grantham,available at Book Depository with free delivery worldwide.3/5(1). ISBN: OCLC Number: Description: xlviii, pages ; 24 cm: Contents: Part 1 Conceptual overview: unjust enrichment - two available models; unjust enrichment - a reconceptualisation; obligations and property; restorable enrichment and the conceptual map.

About Enrichment and Restitution in New Zealand The Law of restitution has developed apace,taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle, however, has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law.

In this book, Ross Grantham and Charles Rickett propose a reformulation of the theory of enrichment and restitution in New Zealand law.

In place of the action for "unjust enrichment," they propose a model of restitution based on "restorable enrichment." The book is divided into five parts, outlining the structure they propose. Enrichment And Restitution In New Zealand. taking its doctrinal starting point for the most part from the principle of unjust enrichment.

This principle however has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law.

This book is an account of the law of. Find Enrichment and Restitution in New Zealand, by Ross Grantham, Charles Rickett, ISBNpublished by Hart Publishing fromthe World's Legal Bookshop. Shipping in the UK is free. Competitive shipping rates world-wide.

Restitution: commentary and materials. [Ross Grantham; C E F Rickett] -- The emergence in the Commonwealth of what is now known as the law of restitution has had a rapid and significant effect on developments in large portions of the private common law.

Designed to be used with Enrichment and restitution in New Zealand, published: Oxford. Tappenden, S. The emergence of the concept of unjust enrichment in New Zealand, its relationship to the remedial constructive trust and the development of the status of joint ventures in equity. Journal of Politics and Law, 1(3), Author: Sue Tappenden.

The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten.

The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. WELCOME, LET THE FUN BEGIN.

Get e-Books "Re Examining Contract And Unjust Enrichment" on Pdf, ePub, Tuebl, Mobi and Audiobook for are more than 1 Million Books that have been enjoyed by people from all over the world. Always update books hourly, if not looking, search in the book search column. Enjoy % FREE. Goff & Jones is the leading work on the law of unjust enrichment.

The first edition appeared fifty years ago, inand successive editions have played a major role in establishing the central importance of the subject for private and commercial law.

Restitution: A new perspective provides a detailed critique of current and widely accepted theories seeking to unify the law of restitution on the basis of a principle of unjust enrichment. Commencing with a brief history of restitution, the book proceeds to illustrate the diverse legal problems addressed by the law of restitution.

This book, spanning many of the controversial issues at the cutting edge of unjust enrichment, is an indispensable guide through this area of law for all commercial practitioners. Edited by Drs Simone Degeling and James Edelman, the book draws on papers presented at the “Restitution in Commercial Law” Conference in Sydney in August   it is not at all surprising that the first significant steps towards the creation of restitution jurisprudence were taken in America.

The seminal work was Dean William Keener's masterpiece, A Treatise on the Law of Quasi-Contracts, (5) in which the author clinically analysed the deficiencies in the concept of a 'contract implied in law' and advanced in its place. The material presented in this New Zealand Law Society Seminar is based on our book, and seeks to present in a summarised form the major themes and conclusions reached therein.

Enrichment and Restitution in New Zealand is published by Hart Publishing, Oxford. scholarship in Australia, New Zealand and, to a lesser extent, Canada, is markedly Anglo-centric in focus, and there is a tendency to overlook the wealth of United States case law and literature on nearly any given topic.

In the area of restitution and unjust enrichment, this blind spot is especially puzzling, given that the nowFile Size: KB. THE RESTATEMENT (THIRD) OF RESTITUTION AND UNJUST ENRICHMENT John *D McCamus Alone among the great restatements of the common law published by the American Law Institute in the s and s, the Restatement of Restitution boldly asserted the existence of a new third branch of the common law of obligations to stand alongside contract.

The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.

The modern law of unjust enrichment encompasses what. 19 Until recently the law of restitution in New Zealand was bedevilled by the infamous dictum of Mahon, J.

in Carly v. Farrelly [] 1 N.Z.L.R. at “[Unjust enrichment] is not only vague in its outline but must disqualify itself from acceptance as a valid principle of jurisprudence by its total uncertainty of application and Cited by: 3.About Unjust Enrichment and Public Law.

This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and .Grantham, Ross B.

& Rickett, Charles E. F., Enrichment and Restitution in New Zealand () Gray, Kevin, Elements of Land Law (2d ed. ) Gurry, Francis, Breach of Confidence ()Cited by: