内容

目次

PART 1 - INTRODUCTION 1. Introduction PART 2 - JUSTIFYING GROUNDS 2. Justifying Grounds: Statutes, Judgments, and Natural Obligations 3Justifying Grounds: Contracts PART 3 - ENRICHMENT 4. Enrichment: General Principles 5. Enrichment: Types of Benefit PART 4 - AT THE CLAIMANT’S EXPENSE 6. At the Claimant’s Expense: Personal Claims 7. At the Claimant’s Expense: Proprietary Claims PART 5 - GROUNDS FOR RESTITUTION 8. Lack of Consent and Want of Authority 9. Mistake 10. Duress 11. Undue Influence and Unconscionable Bargains 12. Failure of Basis: General Principles 13. Failure of Basis: Bases of Transfer 14. Failure of Basis: Deposits 15. Frustrated Contracts 16. Anticipated Contracts that Do Not Materialize 17. Free Acceptance 18. Necessity 19. Secondary Liability: Overview 20. Secondary Liability: Contribution and Reimbursement 21. Secondary Liability: Insurers’ Subrogation Rights 22. Money Paid as Taxes and Other Levies that Are Not Due 23. Ultra Vires Payments by Public Bodies 24. Legal Incapacity 25. Illegality 26. Benefits Conferred Under Judgments and Orders that Are Later Reversed PART 6 - DEFENCES 27. Change of Position 28. Ministerial Receipt 29. Bona Fide Purchase and Good Consideration 30. Estoppel 31. Counter-Restitution Impossible 32. Passing On 33. Limitation 34. Legal Incapacity 35. Illegality PART 7 - REMEDIES 36. Personal Remedies 37. Proprietary Remedies: General Principles 38. Proprietary Remedies: Trusts 39. Proprietary Remedies: Subrogation to Extinguished Rights 40. Proprietary Restitutionary Remedies: Rescission