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• Title:The Canadian law of unjust enrichment and restitution / Mitchell McInnes.
  
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• Author/Creator:McInnes, Mitchell, author.
  
• Published/Created:Markham, Ontario : LexisNexis Canada, 2014.
  

• Holdings

  Holdings Record Display

  • Location:LAW LIBRARY (level 3)Where is this?
    
  • Call Number: KE1229 .M38 2014
    
  • Number of Items:2
    
  • Status:c.2 On loan - Due on 09-15-2024
    

   
• Library of Congress Subjects:Unjust enrichment--Canada.
  
• Description:cl, 1785 pages ; 24 cm.
  
• Summary:"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)."--pub. desc.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780433438199 (bound)
  
• Contents: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.