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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 ...
See also: English unjust enrichment law. In systems of law derived from the English common law, the historical core of the law of unjust enrichment lies in quasi-contract. These were common law (as distinct from equitable) claims giving rise to a personal liability to pay the money value of a benefit received from another.
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.
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.
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 ]
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.
Failure of consideration is a highly technical area of law. Particular areas of controversy include: Whether the failure of the consideration must be 'total', [3] and the scope and meaning of such a requirement; Whether 'consideration' refers not only to bargained-for counter-performance by the defendant, but also a legal or factual state of ...
The problem was compounded by the fact that the law relating to recouping payments made under void contracts is called the law of restitution. And at this point in English legal history, the law of restitution was still a relatively niche subject. The House of Lords had only formally recognised the subject recently. [32]