Structure and justification in private law : essays for Peter Birks /

Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working...

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Bibliographic Details
Other Authors: Birks, Peter, Rickett, C. E. F., Grantham, Ross
Format: Electronic eBook
Language:English
Published: Oxford ; Portland, Or. : Hart, 2008.
Subjects:
Online Access: Full text (Emmanuel users only)
Table of Contents:
  • Half title page; Title page; Title verso; Preface; Contents; List of Contributors; Table of Cases; Table of Legislation; 1 In Memoriam Professor Peter Birks Regius Professor of Civil Law, University of Oxford; 2 Unjust Enrichment--Reason, Place and Content; Part 1 Why Restitution?; 3 The Normative Structure of Unjust Enrichment; 4 Responsibility for Gain: Unjust Factors or Absence of Legal Ground? Starting Points in Unjust Enrichment Law; Part 2 The Place of Unjust Enrichment in the Private Law; 5 Taxonomic Lessons for the Supreme Court of Canada.
  • 6 Legal Positivism and the Taxonomy of Private Law7 Restitution and the Discourse of System; 8 Legal Realism and the Taxonomy of Private Law; 9 Contract and Unjust Enrichment: Competing Categories, or Complementary Concepts?; 10 The Creation of Entitlements through the Law of Restitution; 11 The Shock of the Old: Interpretivismin Obligations; Part 3 Issues in the Law of Unjust Enrichment; 12 Advance Contractual Payments: Enforcement and Restitution for Failure o.