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The Canadian Law of Unjust Enrichment and Restitution

For the first time, judges, practitioners, and academics have access to a civil litigation text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers' Gas Co. (2004).
Langue De Publication: English
Book
405,00 $
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Hardcover | 1,936 pages

En stock
Publié:
ISBN/ISSN: 9780433438199

Détails des produits

Special Student pricing is available. Please contact Paula Sloss, Account Executive Academic Print Products at 416-200-6640 or 1-844-408-0655, or email paula.sloss@lexisnexis.ca for more information.



Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.

This treatise, written by Canada's leading authority on the law of unjust enrichment, explains this complex area in a straight forward manner. It provides a conceptual overview that cuts through the inconsistencies and uncertainties that have impaired the proper development of the law. It also offers step-by-step guidance to the resolution of restitutionary claims in specific contexts. For the first time, judges, practitioners, and academics have access to a civil litigation text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers' Gas Co. (2004).

Features and Benefits
  • A comprehensive treatment of a complex subject, described in a clear, straight forward manner
  • Detailed examination of each component of the law and its development from British law to its inception in Canadian law
  • Timely assessment and presentation of the law in light of the latest groundbreaking court decisions including the Supreme Court of Canada's trilogy of decisions on the tort of passing on: Infineon Technologies AG v. Option consommateurs; Pro Sys Consultants Ltd. v. Microsoft Corporation; and Sun Rype Products Ltd. v. Archer Daniels Midland Company, released in late 2013.
  • Written by Canada's leading authority on the subject
  • Contains diagrams illustrating difficult concepts
Who Should Read This Book?
  • Civil Litigators - Helps litigation lawyers better analyze and assess claims that present a potential case for unjust enrichment
  • Contract Law Practitioners - Improves contract drafting skills to keep any unforeseeable liability to the minimum
  • Government Lawyers - Federal, provincial and municipal lawyers can now understand the extent to which restitutionary liability may positively or negatively affect government authorities
  • Family Lawyers - Benefit by formulating better strategies in preparation for negotiation and settlement meetings, since unjust enrichment is the basis of almost every family dispute
  • Law Schools: A comprehensive textbook for any law school course on unjust enrichment
  • Law Libraries - The perfect addition to the library collection on titles on contract law, torts and private law
  • Judges - Provides detailed guidance for the resolution of restitutionary claims
 

Auteurs à la une

Table des matières

Part I: Introduction
Chapter 1: Introduction
Part II: Basic Principles
Chapter 2: Enrichment
Chapter 3: Corresponding Deprivation
Chapter 4: Absence of Juristic Reason
Part III: Non-Purposive Transfers
Chapter 5: Non-Participatory Transfers-Found, Stolen, and Misdirected Benefits
Chapter 6: Non-Purposive Transfers-Mistaken Improvements
Part IV: Donative Intent
Chapter 7: Donative Intent-Mistakes
Chapter 8: Donative Intent-Incapacity
Chapter 9: Donative Intent-Induced
Chapter 10: Donative Intent-Conditional Transfers
Chapter 11: Donative Intent-Necessitous Intervention
Part V: Contract
Chapter 12: Contract-General
Chapter 13: Contract-Anticipated Contracts That Fail to Materialize
Chapter 14: Contract-Incomplete Agreements
Chapter 15: Contract-Want of Authority
Chapter 16: Contract-Incapacity
Chapter 17: Contract-Frustrated
Chapter 18: Contract-Mistake
Chapter 19: Contract-Illegitimately Induced
Chapter 20: Contract-Illegal
Chapter 21: Contract-Unenforceable
Chapter 22: Contract-Discharged for Breach
Part VI: Disposition of Law
Chapter 23: Disposition of Law-Judgment
Chapter 24: Disposition of Law-Government Demands
Part VII: Other Legal, Equitable or Statutory Obligations
Chapter 25: Other Valid Common Law, Equitable or Statutory Obligations
Chapter 26: Other-Title to Property
Chapter 27: Other-Natural Obligations
Chapter 28: Other-Cohabitation
Chapter 29: Other-Compulsory Discharge
Part VIII: Restitution
Chapter 30: Restitution-Introduction
Chapter 31: Restitution-Personal
Chapter 32: Restitution-Proprietary
Chapter 33: Restitution-Tracing
Chapter 34: Restitution-Rescission
Chapter 35: Restitution-Subrogation
Part IX: Defences
Chapter 36: Defences: Change of Position
Chapter 37: Defences-Estoppel
Chapter 38: Defences-Bona Fide Purchase
Chapter 39: Defences-Payment Over
Chapter 40: Defences and Bars-Passing On
Chapter 41: Defences and Bars -Incidental Benefits
Chapter 42: Defences-Officiousness
Chapter 43: Defences-Illegality