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An introduction to the Canadian law of restitution and unjust enrichment / John D. McCamus.
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Title:An introduction to the Canadian law of restitution and unjust enrichment / John D. McCamus.
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Author/Creator:McCamus, John D., author.
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Published/Created:Toronto, Ont. : Thompson Reuters, [2020]
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KE1229 .M33 2020
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Unjust enrichment--Canada.
Restitution--Canada.
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Description:xxxi, 223 pages ; 23 cm
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Summary:????????An Introduction to the Canadian Law of Restitution and Unjust Enrichment{u2019} is a concise and accessible account of the law of restitution or unjust enrichment, constituting a third branch of the law of obligations of the Canadian common law jurisdictions. It provides a comprehensive account of the restitutionary remedies available in the context of benefits conferred by mistake, under duress and compulsion of various kinds, through performance of contracts unenforceable at law or in equity, in necessitous circumstances and upon the dissolution of relationships of cohabitation. This publication also describes the law providing restitutionary recovery of benefits acquired through wrongful conduct such as breach of fiduciary duty, breach of confidence, and waiver of tort. It also provides an account of three-party cases, in which a third party confers benefits on the defendant which, in justice, ought to be turned over to the plaintiff. Recent developments increasing the restitutionary liability of public authorities are reviewed.????????Provided by publisher.
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Notes:at head of title: 'Canada law book'.
Includes bibliographical references and index.
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ISBN:9780779892020 paperback
077989202X paperback
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Contents:Origins: the American law institute's restatement of restitution
Canadian reception of the restatement model
Controversies concerning the meaning of basic concepts and the scope and name of the subject
Controversies concerning the role of the underlying general principle against unjust enrichment
Benefits conferred by mistake
Compulsion
Ineffective transaction I: general introduction
Ineffective transactions II: informality, illegality and incapacity
Ineffective transactions III: mistake, misrepresentation, anticipated contracts and gifts, want of authority and uncertainty
Ineffective transaction IV: breach of contract, frustration
Restitution for wrongs
Necessitous intervention
Benefits conferred in the context of dissolution of cohabitation
Three-party cases: benefits conferred upon the defendant by a third party
Public authorities
Remedies
Defences
Reprise: the role of the unjust enrichment principle
The future of restitution as a third branch of the law.