An Introduction To Canadian Law Of Restitution And Unjust Enrichment (Print ProView online)
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An Introduction to the Canadian Law of Restitution and Unjust Enrichment 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.
Separate chapters are devoted to the defences to restitutionary claims and to the various remedies available, including the constructive trust. Attention is also paid to academic controversies concerning the meaning of basic terminology and their implications for the scope, structure and accessibility of the subject.
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