unjustified enrichment volume II

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Unjustified Enrichment Volume II Professor Robin Evans-Jones Published Under the Auspices of the Scottish Universities Law Institute

W. GREEN

Unjustified Enrichment Volume II Professor Robin Evans-Jones Published under the auspices of the Scottish Universities Law Institute This is the second volume of this major work by Professor Robin Evans-Jones which for the first time in Scots Law seeks to identify and analyse the body of law known as ‘unjustified enrichment’.

Volume one concentrated on enrichment acquired as a result of deliberate conferral. Volume two tackles enrichment acquired in another manner, whether by interference, imposition or discharge of another’s debt. There is now a consensus amongst Scottish academic writers that the sub-division of the law according to the manner in which the enrichment was acquired is the best way to structure this body of law. As the result of recent judicial activism a general enrichment principle applies across all the groups of claims. Professor Evans-Jones commences volume II with an historical chapter which identifies the influence of Roman law, but also why Scots law has rightly moved beyond Roman law and the confused testimony built partly on it in the early modern period. Drawing on Lord Rodger of Earlsferry’s judgement in Shilliday v Smith concepts like restitution, repetition and recompense are no longer understood to represent distinct groups of causes of action. Distinctions between causes of action according to the nature of the benefit are also no longer recognised. Moving beyond Shilliday the book identifies a range of core claims of which the Scottish case law is the expression. It shows how over time a range of analogous claims has been recognised.

The case law is allocated to its appropriate place in the new structure. The book examines the general enrichment principle and how it should be understood. Founding upon the general enrichment principle the book provides a rational structure on which the law can develop in the future. A chapter deals with the interface between claims of unjustified enrichment and restitutionary claims arising from breach of a fiduciary duty.

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Represented as a diagram the content of the book as a whole is as follows: UNJUSTIFIED ENRICHMENT

• The first Scottish text to examine the historical grounding of unjustified enrichment in Scots law and how it can best develop in the future

Manner in which Enrichment Acquired

Groups of Cases

Deliberate Conferral

Interference

Imposition

Discharge of Another’s Debt

General Enrichment Principle

Good Faith Possessor/Builder

General Enrichment Principle

•

Discharge of Another’s Debt

Drawing on a consensus amongst academic writers provides a structure in which the law is sub-divided into groups of cases according to manner in which the enrichment was acquired. Shows how outcomes and the measure of recovery can depend upon the nature of the claim

• Examines the impact of the general enrichment principle which has recently been recognised

by Scots law as the result of judicial activism •

Foundational Causes of Action

Condictio Non-Specific Enrichment Claims

5 reasons to have this book in your library:

Allocates the Scottish cases to their appropriate positions in the new structure which does not recognise concepts like restitution, repetition and recompense as representative of causes of action

• Published under the auspices of the Scottish Universities Law Institute, refereed by the SULI board to guarantee quality and cutting edge Robin Evans-Jones is Professor of Jurisprudence at the University of Aberdeen and Visiting Professor in the Department of Private Law, University of Cape Town.

Past Analogous Causes of Action

General Enrichment Principle

New Analogous Causes of Action

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