Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Wed, 16 Dec 1998 10:43:13 |
| Re: |
new book |
Greetings all,
While we all try to find a transcript of Charles' joyriding
case, I will mention that there is a new book: Joachim Dietrich, Restitution:
A New Perspective (Federation Press; 272pp; Hardback: ISBN 1862873054).
The blurb from their web site at ‹http://www.fedpress.aust.com›
says:
"Restitution: A new perspective provides a detailed critique
of current and widely accepted theories seeking to unify the law of restitution
on the basis of a principle of unjust enrichment.
Commencing with a brief history of restitution, the book proceeds to
illustrate the diverse legal problems addressed by the law of restitution.
The legal doctrines now collected under this heading are demonstrated
to have fulfilled a gap-filling role in our law, much like the diverse
doctrines of equity have done.
The book questions the underlying basis for unjust enrichment theories
and demonstrates their inadequacy as descriptions and explanations of
restitution. The book then sets out alternative methods of organising
and rationalising the topics of restitution.
The approach adopted rejects an explanation of liability in restitution
on the basis of a defendant's unjust enrichment and thus challenges much
of the current academic and judicial writing the in the field. Instead,
the approach adopted is to emphasise the relevance of a defendant's conduct
in determining the nature and extent of any liability imposed."
Lionel
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