The Essence of Restitution
The law of restitution is concerned with the award of a generic group of remedies which arise by operation of law and which have one common function, namely, to deprive the defendant of a gain rather than to compensate the claimant for loss suffered. These are called the restitutionary remedies. Because there is a group of remedies having a common function of depriving defendants of gains, it can be assumed that there is an independent body of law which can be called the law of restitution. To understand what these remedies are, how they operate, and when they are available requires examination of a complex body of law. This book identifies and analyses the principles which underlie the principles and rules forming the law of restitution. Concepts such as unjust enrichment, vindication of property rights, restitutionary claims, implied contract theory, and rescission are explored.
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