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The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
Goff and Jones on the Law of Unjust Enrichment (formerly Goff and Jones on the Law of Restitution, usually simply abbreviated to Goff & Jones) is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition.
He is widely credited as having sparked academic enthusiasm for the English law of Restitution, and is often considered to have been one of the greatest English legal scholars of the 20th century. [1] In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years". [1]
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]
English law adopts an 'unjust factor' approach to the law of restitution for unjust enrichment. [33] This means that a claimant must plead by reference to the various factors that the law recognises as 'unjust'. In contrast to the English approach, most civil law jurisdictions adopt an 'absence of basis' analysis.
Phillips v Homfray [1] is an important landmark decision in English law of restitution. [2] The court case lasted 20 years, and was complicated by the death of one of the defendants. It involved a matter in which the defendant had committed a trespass to land of his neighbor by tunneling under the plaintiffs' land and mining coal from it.
Herman, the author of “Restitution: The Return of Cultural Artefacts” and the director of the Institute of Art and Law said, “It will introduce into the legal requirements of trustees, especially of national institutions, the requirement to consider the moral claims of restitution claimants …