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English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Moses V Macferlan
''Moses v Macferlan'' (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake, for failed consideration or under oppression; the law will allow the money to be recovered. Facts Chapman Jacob had made out four promissory notes to Moses for 30s each.''Moses v Macferlan'' (1760) 2 Bur 1005 at 1005. Moses owed Macferlan £26, did not pay him and was sued. A settlement was reached at arbitration whereby Moses would pay Macferlan £20; and endorse to Macferlan the four promissory notes he had received from Jacob, whose sum, 120 shillings, was equivalent to £6. Moses, endorsed these notes to Macferlan, thus transferring over rights to the money. Prior to Moses endorsement, Macferlan assured him that his endorsement would not prejudice him. In other words, Macferlan would not seek to get the value of the notes from Moses. There was also an agreement signed by Macferlan that Moses should "not be liab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Mitchell (professor)
Charles Christopher James Mitchell KC ( Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies. Career Mitchell completed his PhD at University College London and was supervised by Peter Birks. Until 2008 he worked at King's College London, before spending a year as Professor of Property Law at Jesus College, Oxford. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graham Virgo
Graham John Virgo (born 8 June 1966) is an English legal academic, barrister and university administrator, who is Professor of English Private Law at the University of Cambridge and Master of Downing College, Cambridge. He is frequently cited in the English courts and those of other common law jurisdictions, and known for his contributions to the law of restitution and the teaching of law. He was previously Senior Pro-Vice-Chancellor at the University of Cambridge and assumed the role of Master of Downing College, Cambridge, on 1 October 2023. Education Virgo completed his secondary education at John Cleveland College (now The Hinckley School), a comprehensive school in Hinckley, Leicestershire. In 1983, he applied to read law at Downing College, Cambridge, where he was interviewed by Charles Harpum, John Hopkins, and David Lloyd Jones. Later, Hopkins suggested that Virgo consider Coward Chance (which in 1987 merged with Clifford Turner to form Clifford Chance) as a fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Burrows
Andrew Stephen Burrows, Lord Burrows, (born 17 April 1957BURROWS, Prof. Andrew Stephen ''Who's Who 2015'', A & C Black, 2015; online edn, Oxford University Press, 2014) is a . His academic work centres on . He is the main editor of the compendium ''English Private Law'' and the convenor of the advisory group that produced '' [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Birks
Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law (Oxford), Regius Professor of Civil Law at the University of Oxford from 1989 until his death. He also became a Fellow of the British Academy in 1989, and an honorary Queen's counsel in 1995. He was a Oxbridge Fellow, Fellow of All Souls College, Oxford. He is widely credited as having sparked academic enthusiasm for the English law of Restitution, and is often considered to have been one of the greatest English legal scholars of the 20th century. In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years". Career Birks was educated at Chislehurst and Sidcup Grammar School, went up to Trinity College, Oxford and subsequently obtained a master of laws from the UCL Faculty of Laws, Faculty of Laws at University College London. Birks was also the first general editor of ''English Private Law'', a book which sough ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Goff
Robert Lionel Archibald Goff, Baron Goff of Chieveley, , QC (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R Goff
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars''. The letter is the eighth most common letter in English and the fourth-most common consonant, after , , and . Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as , , , , and . This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in many other words such as ''farm'' (compare French ) and ''star'' (compare German ). In Hiberno-English, the letter is called or , somewhat similar to ''oar'', ''ore'', ''orr''. The letter R is sometimes referred to as the 'canine letter', often rendered in English as the dog's letter. This Latin term referred to the Latin that was trilled to sound l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gareth Jones (lawyer)
Gareth Hywel Jones, QC, FBA (10 November 1930 – 2 April 2016) was a Welsh academic and longtime fellow of Trinity College, Cambridge, and Professor of Law at the University of Cambridge. Biography Jones was born in 1930 in Tylorstown, in the Rhondda. He was educated at the Rhondda County School for Boys, University College London, St Catharine's College, Cambridge and Harvard College. He became a teaching fellow of Trinity College, Cambridge in 1961, becoming Senior Tutor in 1972, and was appointed Downing Professor of the Laws of England in 1974. Jones was Vice-Master of Trinity from 1986 to 1992, and from 1996 to 1999. He is a fellow of the British Academy. He became a foreign member of the Royal Netherlands Academy of Arts and Sciences in 1991. Jones was the co-author of '' Goff & Jones, The Law of Restitution'' and, with Robert Goff, the acknowledged father of English restitution Restitution and unjust enrichment is the field of law relating to gains-based recovery. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, , Queen's Counsel, QC (12 November 1926 – 14 August 2016) was an English Barristers in England and Wales, barrister and judge who was Lords of Appeal in Ordinary#Senior and Second Senior Law Lord, Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court of the United Kingdom, President of the Supreme Court. Best known for establishing English unjust enrichment law, unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goff & Jones
''Goff and Jones on the Law of Unjust Enrichment'' (formerly ''Goff and Jones on the Law of Restitution'', usually simply abbreviated to ''Goff & Jones'') is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example, Goff's judgment in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 was described as "the ''Donoghue v Steve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatement Of The Law Of Restitution
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Restatement may refer to: *Restatements of the Law, published by the American Law Institute as scholarly refinements of black letter law; these include: **Restatement of Contracts, Second, completed by the American Law Institute in 1979 * Restatement of Policy on Germany, a famous speech by James F. Byrnes, then United States Secretary of State, held in Stuttgart on September 6, 1946 *Restatement (finance), the amendment and republication of a company's financial statement to correct an error, or change in accounting standard *Repetition (music) Repetition is important in music, where sounds or sequences are often repeated. It may be called restatement, such as the restatement of a theme (music), theme. While it plays a role in all music, with noise and musical tones lying along a spect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
