Elise Bant, Kit Barker and Simone Degeling (eds), Research Handbook on Unjust Enrichment and Restitution
DOI | 10.3366/elr.2021.0685 |
Published date | 01 January 2021 |
Date | 01 January 2021 |
Pages | 140-141 |
Author |
“This
The editors’ goal is for this book “to serve as the ideal springboard for the scholar, practitioner, law reformer or judge seeking access to and understanding of this challenging, complex and critically important field of private law” (2). They have hit the back of the net. We get a smorgasbord of snapshots of the state of the art in the history, taxonomy, philosophy, analytical structure of, defences to, and remedies for, unjust enrichment. Comparative perspectives abound. The position across legal traditions is a theme of several chapters. But much comparison in the book is of major jurisdictions in the Common Law tradition. The obvious worth of this has been affirmed before (by e.g. J Edelman and E Bant,
So many chapters spanning so much content, generally of very high quality, result in a volume to which every anglophone private and commercial lawyer with more than a passing interest in the field will require access, hot on the heels of their leading practitioner-level texts on unjust enrichment and commercial remedies. The best thing about the book is that it provides quite a full one-stop-shop for head-on engagement with many persistent debates about a core private law concept, of which we still struggle so much to make sense. This is not always possible (or desirable) to the same extent in textbooks. Understandably, many of them will largely be concerned with explanations of the authorities (not an
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