Unjust enrichment as the basis of Restitution — an overworked concept

Legal Studies ◽  
1985 ◽  
Vol 5 (1) ◽  
pp. 56-66 ◽  
Author(s):  
Steve Hedley
Keyword(s):  
Unjust Enrichment ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
Different Levels ◽  
The Way

The proposition that ‘Restitution is based on unjust enrichment’ is usually the first that a student of Restitution is presented with. It is a claim at several different levels: as to the terminology we should use in discussing Restitution; as to the sort of rules the subject contains; and as to the way these rules have been developing or should develop in the future. Nor is this confusion of claims particularly surprising. Much of the work of the academic lawyer consists of interpreting the judgements of the higher courts; it is not really very odd when those courts’ ambivalent approach to whether they are making the law, or simply applying it, rubs off. ‘Restitution is based on unjust enrichment’ is really a collection of subsidiary propositions about Restitution; and it is clear that, of those who believe that Restitution is so based, not all would subscribe to every one of the subsidiary propositions.

scholarly journals What's Wrong with Restitution

1969 ◽  
Vol 37 (1) ◽  
pp. 221 ◽  
Author(s):  
David Stevens ◽  
Jason W. Neyers
Keyword(s):  
Common Law ◽  
Private Law ◽  
Simple Formulation ◽  
Unjust Enrichment ◽  
The Past ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Right ◽  
The Way

The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its predecessor. This is largely due to the remedial mentality of the common law. The remedy to the remedial mentality is to concentrate future efforts in stating doctrine on defining rights, not remedies. The precedent for this type of change in method is the transformation that occurred in contract and tort over the past 100 years, inspired, in part, by civilian theories of private law. The right that generates the remedy restitution is the cause of action in unjust enrichment. It arises where there has been a non-consensual receipt and retention of value, that is, a receipt and retention of value that occurs without "juristic reason." "Nonconsensual" means by mistake, by theft or by finding. There are a number of problems in the method of the common law tradition which stand in the way of recognizing this simple formulation: (a) The inherent expansiveness of "restitution " and "unjust enrichment" if these terms are not rigorously defined; (b) The lack of serious competition for the expansive versions of the subject, on a number of fronts; (c) The lack of a clear direction in the efforts to reform the law of quasi-contract and constructive trust; (d) The deeply embedded nature of the quasi-contract thinking; (e) Poor analysis in some areas of the law of contract and (f) Tort; and (g) The lack of an explicit agency of reform in the tradition.

scholarly journals Pedagogical conditions for the formation of the future border guard officer professional culture: the use of dialogical teaching methods

2019 ◽  
Vol 66 (3) ◽  
pp. 269-273
Author(s):  
Svіtlana Shumovetska
Keyword(s):  
Interpersonal Relationships ◽  
Round Table ◽  
Professional Culture ◽  
The State ◽  
Video Recordings ◽  
Wide Range ◽  
The Future ◽  
Business Game ◽  
The Subject ◽  
Different Levels

The article highlights the importance of the communicative component of the professional culture of the border guard officer, which is based on the fact that the profession of the border guard envisages a wide range of interpersonal contacts at different levels, primarily collective concerted actions of the border guards to prevent or terminate illegal actions at border guard areas. The significance of dialogical methods, first of all heuristic conversations, presentations, method of «brainstorming», «round table» method, «business game» method, practical group and individual exercises, discussion of video recordings, for forming of professional culture of future border guards, are revealed in details. The peculiarities of the use of dialogical methods in the system of forming the professional culture of the future border guards, especially during the teaching the educational discipline «Ukrainian for Professional Purposes» at the National Academy of the State Border Guard Service named after Bohdan Khmelnitsky. The subject of special attention in the article is the disclosure of the peculiarities of cadets studying the rules of conversation with citizens who cross the state border at the checkpoints, the specifics of the official communication of the border guard inspector as an element of his professional culture. It has been determined that dialogical methods are important for shaping the professional culture of the future border guards and for optimizing their interpersonal relationships. They allow you to teach the cadets the rules, values and norms of the professional cultural interaction between classmates, the features of professional interaction at the checkpoints. The use of dialogue methods helps to form the skills of the cadets freely, communicatively justified to use linguistic means in different forms, spheres and genres of speech, that is, to provide an appropriate level of communicative component of their professional culture.

scholarly journals O-bi, o-ba: Koniec cywilizacji – postpiśmienny świat Piotra Szulkina

1970 ◽  
pp. 273-284
Author(s):  
Maciej Pietrzak
Keyword(s):  
Science Fiction ◽  
Biblical Text ◽  
The Third ◽  
The Future ◽  
History Of ◽  
The Subject ◽  
Written Word ◽  
The Way ◽  
Adam Mickiewicz

Pietrzak Maciej, O-bi, o-ba: Koniec cywilizacji – postpiśmienny świat Piotra Szulkina [O-Bi, O-Ba: The End of Civilization – The Postliterate World of Piotr Szulkin]. „Przestrzenie Teorii” nr 32. Poznań 2019, Adam Mickiewicz University Press, pp. 273–284. ISSN 1644-6763. DOI 10.14746/pt.2019.32.14. Piotr Szulkin made his mark in the history of cinema primarily as the author of disturbing visions of the future. His four films made between 1979 and 1985 comprised the science-fiction tetralogy, which is still one of the greatest artistic achievements of this genre in Polish cinema. The subject of the article is the third production of Szulkin’s series – the post-apocalyptic film O-Bi, O-Ba: The End of Civilization from 1984. In the film, the director creates a suggestive vision of a world destroyed as a result of nuclear conflict, in which the original functions of literature and the written word are forgotten. The author article analyzes the way in which forsaken literary artifacts are used in the post-literary reality of the film. An important element of his considerations is also the post-apocalyptic reception of the biblical text, on whose elements the mythology of the film’s world is based.

Part I Introduction, 3 Financial Collateral

2018 ◽  
Author(s):  
Beale Hugh ◽  
Bridge Michael ◽  
Gullifer Louise ◽  
Lomnicka Eva
Keyword(s):  
Subject Matter ◽  
Raw Materials ◽  
Fixed Charge ◽  
The Subject ◽  
The Law ◽  
Security Device ◽  
A Charge ◽  
The Way

This chapter discusses the significance of distinguishing between the various types of property over which security may be taken, or which may be the subject matter of a retention of title or other quasi-security device, since the same general principles will be applicable whatever the nature of the property. There are also differences between the various kinds of property, which will mean that the way the law applies in practice will differ. Thus, a charge over either ‘inventory’ such as stock in trade or raw materials will in practice usually have to be a floating charge rather than a fixed one; the chapter shows how it is very difficult to take and maintain a fixed charge over book debts or other receivables.

scholarly journals The vulnerable subject of negligence law

2012 ◽  
Vol 8 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Carl F. Stychin
Keyword(s):  
Political Theory ◽  
Tort Law ◽  
Duty Of Care ◽  
Fundamental Issue ◽  
The Subject ◽  
The Law ◽  
Harsh Criticism ◽  
Negligence Law ◽  
The Way

AbstractThe approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potential to broaden the way in which the subject of tort law is conceived because it challenges dominant assumptions about autonomy as being prior to the relationships on which it is dependent.

Native Tribunals In The Gold Coast 1844—1927

1957 ◽  
Vol 1 (3) ◽  
pp. 163-171 ◽  
Author(s):  
A. N. Allott
Keyword(s):  
West Africa ◽  
Gold Coast ◽  
Customary Law ◽  
Melting Pot ◽  
The Future ◽  
The Subject ◽  
English Law ◽  
The Law ◽  
Local Courts

Throughout British Africa today the future of the native courts (otherwise called African, customary, or local courts) is in the melting-pot, and is the subject of much discussion and deep concern. Considerable legislative and administrative changes affecting these courts are already being made, especially in West Africa. What are to be the relations between the superior courts of a territory, predominantly administering English law, and the native courts whose primary law remains African customary law? How are the law, practice and procedure followed by native courts to be moulded and modified to adapt them to the conditions of today and tomorrow? In the study of these important questions a backward glance at history does not come amiss, and may indeed help to illumine the problems of the present.

Neo-Realism and the future of strategy

1993 ◽  
Vol 19 (2) ◽  
pp. 103-121 ◽  
Author(s):  
Michael C. Williams
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
Warsaw Pact ◽  
Political Landscape ◽  
The Soviet Union ◽  
The Future ◽  
The Subject ◽  
The One ◽  
The Cold War ◽  
The Way

To speak of the ‘future’ of strategy is to reveal a deep tension in the way we commonly think about the subject. On the one hand we are confronted by revolutionary changes in the geo-political landscape. The transformation of Europe, the fragmentation of the Soviet Union, and the dissolution of the Warsaw Pact, for example, encourage the belief that the Cold War—a term which has been almost synonymous with-strategy for nearly half a century—is now an historical artifact. These events, analyzed so intensively by leaders and commentators, open up significant questions about the future of strategy.

scholarly journals DAMAGE RESULTING FROM ARTIFICIAL INTELLIGENCE - THE CASE OF AUTONOMOUS VEHICLES

2021 ◽  
Vol 14 (1) ◽  
pp. 105-124
Author(s):  
Cassiano Highton
Keyword(s):  
Artificial Intelligence ◽  
Autonomous Vehicles ◽  
Technological Revolution ◽  
The Subject ◽  
The Law ◽  
Over Time ◽  
The Way

Abstract The way of understanding the law has changed substantially over time and the law of Torts as we have studied and dealt with it until now has evidently become outdated, the legal reality has moved away from the factual reality, we are facing the new paradigms of the digital and technological revolution, with an evident and clear distancing from the classical theories of the law of Torts, a context that requires a specific and updated approach to the subject.

scholarly journals Legal Cultures, Legal Paradigms and Legal Doctrine: Towards a New Model for Comparative Law

1998 ◽  
Vol 47 (3) ◽  
pp. 495-536 ◽  
Author(s):  
Mark Van Hoecke ◽  
Mark Warrington
Keyword(s):  
Legal Discourse ◽  
Comparative Law ◽  
Legal Doctrine ◽  
New Model ◽  
The Core ◽  
The Past ◽  
The Subject ◽  
The Law ◽  
Broad Approach ◽  
The Way

Over the past decade especially, many writers have emphasised the need for a broad approach to the subject of comparative law, thereby moving it beyond the “law as rules” approach of traditional legal doctrine. It is becoming steadily apparent that comparatists cannot limit themselves to simply comparing rules. The “law as rules” approach has to be placed in a much wider context Broader investigation reveals that it is not even rules which are at the core of the comparative endeavour; it is, rather, the legal discourse, the way lawyers work with the law and reason about it.

Decision Theory and Allocating Decision Making in the Firm

2021 ◽  
pp. 209-226
Author(s):  
Julian Velasco
Keyword(s):  
Decision Making ◽  
Decision Theory ◽  
Decision Maker ◽  
Subject Matter ◽  
Decision Makers ◽  
Basic Principles ◽  
Business Organisation ◽  
The Subject ◽  
The Law ◽  
Different Levels

Sometimes it is possible to deal productively with the subject matter of choosing and making decisions without actually settling upon any particular theory of choice. This is the case in the law of business organisations, which does not settle upon a theory of choice because it does not consider itself the ultimate decision maker. Rather, the law develops rules to allocate decision-making authority among the various parties. Utilising only a few basic principles of decision theory, the law of business organisation creates a structure for allocating decision-making responsibility on many different levels. However, it leaves the ultimate decision makers free not only to make substantive decisions for themselves but also to select from among the various theories of choice for doing so.

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