…useful insights into the role some cases played in bringing the law of restitution to where it is today…

- David Capper, Restitution Law Review

...a fine example of the kind of historical investigation that should be the foundation of all common law scholarship...These essays should be read not just by legal historians or restitution lawyers but also those interested in the workings of the common law generally.

- Tariq A Baloch, King's Law Journal, Volume 18, Issue 1

Many of the essays contain a detailed account of the story behind the case and make highly entertaining reading. They recount facts which are not found in the law reports but are the product of wide-ranging and painstaking research…some essays are highly entertaining tales of ancient skulduggeries, others indispensable guides to difficult but important cases. If we are to understand the present law, we need to learn from our predecessors' mistakes, and these are thoroughly investigated in this volume.

- Lord Millett, The Law Quarterly Review, Volume 123

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The legal historian will enjoy reading those essays that are deeply historical, involving a detailed examination of the facts of particular cases, far beyond the analysis of the facts in the reports of those cases. The practitioner will enjoy reading those chapters that discuss cases that remain of present importance, or which place an historical analysis of an old case in a present day context….All in all, this book shows how valuable the work of jurists in the academies can be. Fascinating and important insights are revealed when a magnifying glass is placed over a small part of the law, and the detail that is revealed by that focus is then viewed in a wider context. Sometimes the results of those endeavours capture historical detail that would otherwise be lost. On other occasions, the enormous amount of work performed by academic jurists plays an important role in the development of modern legal principles. All of the essays in this book do at least one of these things, and some of them do both.

- Jonathon Moore, Journal of Equity

It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But prior to the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars reappraise some of the landmark cases in the area. Their investigations shed new light on some classic decisions, and persuasively invite readers to think again about some well-known authorities.
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In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution.
1. Lamplugh v Brathwaite (1615)DAVID IBBETSON2. Moses v Macferlan (1760)WARREN SWAIN3. Taylor v Plumer (1815)LIONEL SMITH4. Planché v Colburn (1831)CHARLES MITCHELL AND CHARLOTTE MITCHELL5.Marsh v Keating (1834)JAMES EDELMAN6. Erlanger v New Sombrero Phosphate Co (1878)MICHAEL LOBBAN7. Phillips v Homfray (1883)WILLIAM SWADLING8. Allcard v Skinner (1887)CHARLOTTE SMITH9. Sinclair v Brougham (1914)EOIN O’DELL10. Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) PAUL MITCHELL11. Re Diplock (1948)TIM AKKOUH AND SARAH WORTHINGTON12. Solle v Butcher (1950)CATHARINE MACMILLAN
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In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution.
Original analysis by eminent scholars that examine the most important legal cases to date.The Landmark Cases series is an occasional series of volumes which seek to highlight the historical antecedents of what are widely considered to be the leading cases in the common law. These edited volumes feature original archival research by eminent scholars in the field, and are intended to provide a context, or contexts, in which to better understand how and why certain cases came to be regarded as the 'Landmark' cases in any given field.Praise for the series“An interesting read and a valuable addition to the reference literature for [those] who wish to view from a fresh angle the classic textbook cases that they thought they knew very well.”Review of Landmark Cases in Criminal Law in New Journal of European Criminal Law“Beautifully written, nicely produced and just full of intrinsically fascinating material.”Review of Landmark Cases in Family Law in The Law and Politics Book Review“An intriguing pleasure to read.”Review of Landmark Cases in the Law of Contract in Journal of Legal History“A fine example of the kind of historical investigation that should be the foundation of all common law scholarship.”Review of Landmark Cases in the Law of Restitution in King's Law Journal
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Produktdetaljer

ISBN
9781509905065
Publisert
2016-01-21
Utgiver
Vendor
Hart Publishing
Vekt
576 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
416

Biographical note

Charles Mitchell is Professor of Law at UCL. His recent publications include Underhill & Hayton's Law Relating to Trusts and Trustees (19th edn, 2015) (with David Hayton and Paul Matthews) and Goff and Jones: The Law of Unjust Enrichment (8th edn, 2010) (with Paul Mitchell and Stephen Watterson).
Paul Mitchell is Professor of Law at UCL. His recent publications include A History of Tort Law 1900-1950 (2015) and Goff and Jones: The Law of Unjust Enrichment (8th edn, 2010) (with Charles Mitchell and Stephen Watterson).
Together they have also co-edited Landmark Cases in the Law of Contract, Landmark Cases in the Law of Tort and Landmark Cases in Equity (all from Hart Publishing).