- Title Pages
- Biographical Outline of Peter Birks 1941–2004
- Addresses given at the Memorial Service for Peter Birks on 20 November 2004 in the University Church of St Mary the Virgin, Oxford
- Table of Cases
- Table of Legislation
- Roman Law
- List of Contributors
- 1 The Evolution of the Species
- 2 Absence of Basis: The New Birksian Scheme
- 3 Three Enrichment Issues
- 4 Some Thoughts on Change of Position
- 5 The Role of Fault in the Law of Restitution
- 6 Subrogation: Persistent Misunderstandings
- 7 Tracing
- 8 Gain-Based Damages and Compensation
- 9 Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
- 10 The Further Travails of Duress
- 11 Undue Influence: Beyond Impaired Consent and Wrongdoing towards a Relational Analysis
- 12 Unjust Enrichment, Discharge for Breach, and the Primacy of Contract
- 13 Resulting Trusts
- 14 Jones v Jones: Property or Unjust Enrichment?
- 15 Unjust Delivery
- 16 The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
- 17 Restitution after Termination for Breach of Contract: German Law after the Reform of 2002
- 18 No Basis: A Comparative View
- 19 Unjust Enrichment as Absence of Basis: Can English Law Cope?
- 20 The Fallacy of ‘Restitution for Wrongs’
- 21 Peter Birks and Scots Enrichment Law
- 22 What did Damnum Iniuria Actually Mean?
- 23 The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana
- 24 Absent Parties and Bloody-Minded Judges
- 25 ‘You Never Can Tell with Bees’: Good Advice from Pooh for Students of the Lex Aquilia
- 26 Late Arrivals: The Appendix in Justinian's Digest Reconsidered
- 27 Logic and Experience in Roman Law
- 28 Unjust Enrichment: The Tenant's Tale
- 29 Bezoar-Stones, Gall-Stones, and Gem-Stones: A Chapter in the History of the Tort of Deceit
- 30 Denials Ancient and Modern, with some Roman Footnotes
- 31 Rumford Market and the Genesis of Fiduciary Obligations
- 32 Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland
- 33 Sir William Jones and the Nature of Law
- The Publications of Peter Birks 1969–2005
The Evolution of the Species
The Evolution of the Species
- (p.13) 1 The Evolution of the Species
- Mapping the Law
- Oxford University Press
This chapter offers a personal perspective on the development of the English law of restitution, both through the courts and especially through the work of academics. It raises the ‘cliff-hanging’ question, which only time will resolve, of whether Peter's last book Unjust Enrichment has correctly predicted the new world. If not, it argues that ‘we shall never know whether theory might have been turned into practice by the force of Birks's intellect and personality’.
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