Close
Enter your search into one or more of the boxes below:
You can refine your search by selecting from any of the options below:
Search
Unjust Enrichment: A Critique of Birks's Formula
Foyalty 210

Unjust Enrichment: A Critique of Birks's Formula (Hardback)

£70.00
Pre-order for despatch on publication.

Synopsis

This book challenges the orthodox approach to the analysis of unjust enrichment, developed by Peter Birks and adopted by the House of Lords and Supreme Court in a series of later decisions.



It does so in 3 ways. First, the book argues that the Birksian model fails to fit some typical situations unless the language of the formula is stretched to the point of being artificial. For example, "enrichment" is now just a term of art.



Secondly, the Birksian model fails to provide a normative justification for the courts awarding recovery in unjust enrichment claims. For example, it offers no explanation on the basis on which an "unjust factor" should be categorised as "unjust".



Thirdly, and most fundamentally, the book rejects the Birksian approach of adopting a top-down academic theory of unjust enrichment and ignoring the authorities which pre-date its adoption by the House of Lords. Instead, the book seeks to arrive at a theoretical understanding of unjust enrichment by tracing the historical development of this area of the law through the authorities and commentaries from the 18th century onwards, and analysing the reasoning of the judges and scholars.

LawLaws of Specific jurisdictionsPrivate / Civil law: general works Publisher: Bloomsbury Publishing PLC Publication Date: 07/10/2021 ISBN-13: 9781509932245  Details: Type: Hardback Format: Books
Availability: Pre-order for despatch on publication. Pre-Order

Rajiv Shah completed a PhD in Law at the University of Cambridge, United Kingdom.

More books by Rajiv Shah

Leave Review

Delivery Options

All delivery times quoted are the average, and cannot be guaranteed. These should be added to the availability message time, to determine when the goods will arrive. During checkout we will give you a cumulative estimated date for delivery.

We are experiencing delays with deliveries to many countries, but in most cases local services have now resumed. For more details, please consult the latest information provided by Royal Mail's International Incident Bulletin. 

 

Location 1st Book Each additional book Average Delivery Time
Free UK Standard Delivery on Orders Over £25 (2nd Class)     3-5 Days
UK Standard Delivery (2nd Class) £2.99 £0.00 3-5 Days
UK 1st Class Delivery £3.99 £0.00 2-3 Days

Click & Collect / 
Delivery to a Foyles Bookshop

 

Free Free Currently not available
UK Courier* £7.95 £0.00 1 Working Day
Western Europe**Airmail £9.00 £1.00 7-8 Days
Rest of World Airmail £12.50 £1.00 7-10 Days

* For courier service please contact the Charing Cross Road store

** Includes Austria, Belgium, Denmark, France, Germany, Greece, Iceland, Irish Republic, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden and Switzerland.

For goods delivered outside of the UK, the consignee (ie the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. The consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.

Customs Charges - if you are ordering goods for delivery outside of the UK, please note that your consignment may be subject to VAT (Value Added Tax), other taxes, customs duties and/or fees levied by the destination country. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Foyles has no control over additional charges in relation to customs clearance. Foyles recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.

Delivery Help & FAQs

A Year of Books Subscription Packages 

Delivery is free for the UK. Western Europe costs £60 for each 12 month subscription package purchased. For the Rest of the World the cost is £100 for each package purchased. All delivery costs are charged in advance at time of purchase. For more information please visit the A Year of Books page.
 

Returns Information

If you are not completely satisfied with your purchase*, you may return it to us in its original condition with in 30 days of receiving your delivery or collection notification email for a refund. Except for damaged items or delivery issues the cost of return postage is borne by the buyer. Your statutory rights are not affected.

* For Exclusions and terms on damaged or delivery issues see Returns Help & FAQs

You might also like

The Law of Limitation
(Hardback)
Gerard McMeel
 
 
£175.00
 
Taking Law Seriously: Essays in ...
(Hardback)
James Goudkamp; Mark Lunney; Leighton...
 
 
£90.00
 
Corporate Attribution in Private Law
(Hardback)
Rachel Leow
 
 
£80.00
 
Economic Torts and Economic Wrongs
(Hardback)
John Eldridge; Michael Douglas;...
 
 
£85.00
 
© W&G Foyle Ltd
Foyles uses cookies to help ensure your experience on our site is the best possible. Click here if you’d like to find out more about the types of cookies we use.
Accept and Close