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Unjust Enrichment In English Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moses V Macferlan
''Moses v Macferlan'' (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered. Facts Chapman Jacob had made out four promissory notes to Moses for 30s each.''Moses v Macferlan'' (1760) 2 Bur 1005 at 1005. Moses owed Macferlan £26, did not pay him and was sued. A settlement was reached at arbitration whereby Moses would pay Macferlan £20; and endorse to Macferlan the four promissory notes he had received from Jacob. Moses, endorsed these notes to Macferlan, thus transferring over rights to the money. Prior to Moses endorsement, Macferlan assured him that his endorsement would not prejudice him. In other words, Macferlan would not seek to get the value of the notes from Moses. There was also an agreement signed by Macferlan that Moses should "not be liable to the payment of the money or any part of it". ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graham Virgo
Graham John Virgo is an English legal academic, barrister and university administrator. He is Senior Pro-Vice-Chancellor and Professor of English Private Law at the University of Cambridge. Frequently cited in the English courts and those of other common law jurisdictions, he is known for his contributions to the law of restitution and the teaching of law. Education Virgo completed his secondary education at a comprehensive school in the Midlands. In 1983, he applied to read law at Downing College, Cambridge, where he was interviewed by Charles Harpum, John Hopkins, and David Lloyd Jones. Later, Hopkins suggested that Virgo consider Coward Chance (which in 1987 merged with Clifford Turner to form Clifford Chance) as a firm to work for. Virgo graduated from Downing College, Cambridge in 1987 with first-class honours. The following year, he graduated at the top of his class from Christ Church, Oxford with a first-class honours BCL degree, and winning the Vinerian Scho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Burrows
Andrew Stephen Burrows, Lord Burrows, (born 17 April 1957BURROWS, Prof. Andrew Stephen ''Who's Who 2015'', A & C Black, 2015; online edn, Oxford University Press, 2014) is a , of the and senior research fellow at |
Peter Birks
Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law at the University of Oxford from 1989 until his death. He also became a Fellow of the British Academy in 1989, and an honorary Queen's counsel in 1995. He was a Fellow of All Souls College, Oxford. 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. In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years". Career Birks was educated at Chislehurst and Sidcup Grammar School, went up to Trinity College, Oxford and subsequently obtained a master of laws from University College London. Birks was also the first general editor of ''English Private Law'', a book which sought to summarise and rationalise the entire scope of English private law, in accordance with Birks' o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Goff
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a firs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
G Jones
G, or g, is the seventh letter in the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''gee'' (pronounced ), plural ''gees''. History The letter 'G' was introduced in the Old Latin period as a variant of ' C' to distinguish voiced from voiceless . The recorded originator of 'G' is freedman Spurius Carvilius Ruga, who added letter G to the teaching of the Roman alphabet during the 3rd century BC: he was the first Roman to open a fee-paying school, around 230 BCE. At this time, ' K' had fallen out of favor, and 'C', which had formerly represented both and before open vowels, had come to express in all environments. Ruga's positioning of 'G' shows that alphabetic order related to the letters' values as Greek numerals was a concern even in the 3rd century BC. According to some records, the original seventh letter, 'Z', had been purged from the Latin alphabet somewh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R Goff
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gareth Jones (lawyer)
Gareth Hywel Jones, QC, FBA (10 November 1930 – 2 April 2016) was a British academic and longtime fellow of Trinity College, Cambridge, and Professor of Law at the University of Cambridge. Biography Jones was born in 1930 in Tylorstown, in the Rhondda. He was educated at the Rhondda County School for Boys, University College London, St Catharine's College, Cambridge and Harvard College. He became a teaching fellow of Trinity College, Cambridge in 1961, becoming Senior Tutor in 1972, and was appointed Downing Professor of the Laws of England in 1974. Jones was Vice-Master of Trinity from 1986 to 1992, and from 1996 to 1999. He is a fellow of the British Academy. He became a foreign member of the Royal Netherlands Academy of Arts and Sciences in 1991. Jones was the co-author of '' Goff & Jones, The Law of Restitution'' and, with Robert Goff, the acknowledged father of English restitution The law of restitution is the law of gains-based recovery, in which a court orders the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goff & Jones
''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. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example, Goff's judgment in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 was described as "the '' Donoghue v Ste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law Of Restitution
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Restatement may refer to: * Restatements of the Law, published by the American Law Institute as scholarly refinements of black letter law; these include: ** Restatement of Contracts, Second, completed by the American Law Institute in 1979 * Restatement of Policy on Germany, a famous speech by James F. Byrnes, then United States Secretary of State, held in Stuttgart on September 6, 1946 * Restatement (finance), the amendment and republication of a company's financial statement to correct an error, or change in accounting standard *Repetition (music) Repetition is important in music, where sounds or sequences are often repeated. It may be called restatement, such as the restatement of a theme. While it plays a role in all music, with noise and musical tones lying along a spectrum from irre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
