The Canadian law of unjust enrichment and restitution
By: Mitchell McInnes
Publisher: LexisNexis Canada
Published: 2014
Place of publication: Markham, Ontario
Language: eng
Number of pages: 1785
ISBN-13: 9780433438199
Subjects: Unjust enrichment; Restitution
Description: "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 text that clearly explains the Canadian law of unjust enrichment as reformulated in the landmark decision in Garland v. Consumers' Gas Co. (2004)." --
Notes: Includes bibliographical references and index.
Table of contents: title: Introduction; title: Enrichment; title: Corresponding deprivation; title: Absence of juristic reason; title: Non-participatory transfers-found, stolen, and misdirected benefits; title: Non-purposive transfers-mistaken improvements; title: Donative intent-mistake; title: Donative intent-incapacity; title: Donative intent-illegitimate inducement; title: Donative intent-conditional transfers; title: Donative intent-necessitous intervention; title: Contract-general; title: Contract-anticipated contracts that fail to materialize; title: Contract-incomplete agreements; title: Contract-want of authority; title: Contract-incapacity; title: Contract-frustrated agreements; title: Contract-mistake; title: Contract-illegitimately induced; title: Contract-illegality; title: Contract-unenforceable; title: Contract-discharge for breach; title: Disposition of law-judgments and orders; title: Disposition of law-government demands; title: Other legal, equitable and statutory rights and obligations-statutes; title: Other legal, equitable and statutory rights and obligations-title; title: Other legal, equitable and statutory rights and obligations-natural obligations; title: Other legal, equitable and statutory rights and obligations-cohabitation; title: Other legal, equitable and statutory rights and obligations-compulsory discharge of another obligation; title: Restitution-introduction; title: Restitution-personal; title: Restitution-proprietary; title: Restitution-tracing; title: Restitution-rescission; title: Restitution-subrogation; title: Defences and bars-change of position; title: Defences and bars-estoppel; title: Defences and bars-bona fide purchase; title: Defences and bars-payment over; title: Defences and bars-passing on; title: Defences and bars-incidental benefits; title: Defences and bars-officiousness; title: Defences-illegality.