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The law and ethics of restitution

Author: Ḥanokh Dagan; MyiLibrary.
Publisher: Cambridge, UK ; New York, NY : Cambridge University Press, 2004.
Edition/Format:   Book : EnglishView all editions and formats
Database:WorldCat
Summary:
Dagan's book provides an account of the American law of restitution. The book reviews the existing doctrine, including the forthcoming (third) Restatement, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of  Read more...
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Details

Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Ḥanokh Dagan; MyiLibrary.
ISBN: 0521829046 9780521829045
OCLC Number: 271038545
Description: xxi, 374 p. ; 24 cm.
Details: Mode of access: Internet via World Wide Web.
Contents: Introduction --
Preventing unjust enrichment --
Mistakes --
Other-regarding conferrals of benefits --
Self-interested conferrals of benefits --
Restitution in contexts of informal intimacy --
Wrongful enrichments --
Restitution in a contractual context --
Restitution in bankruptcy --
Reasons for restitution.
Responsibility: Hanoch Dagan.
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Abstract:

This 2004 book provides acomprehensive account of the American law of restitution.  Read more...

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'In this well-argued and persuasive book, Hanoch Dagan undertakes a doctrinal and normative analysis of the American law of restitution ... Professor Dagan's approach to this multifaceted field Read more...

 
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schema:description"Dagan's book provides an account of the American law of restitution. The book reviews the existing doctrine, including the forthcoming (third) Restatement, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework, structuring the contextual application of commitments to autonomy, utility, and community in situations where either the cause of action or the measure of recovery is benefit-based. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms."
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