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RDG
online Restitution Discussion Group Archives |
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Members of the restitution discussion group may be interested
in the following article and case notes in December 2001 issue of the
Singapore Journal of Legal Studies:
Articles
WRONG AND REMEDY : A STICKY RELATIONSHIP By David Wright
Abstract
This article critiques Birks' "The Law of Unjust Enrichment:
A Millennial Resolution". It attempts to articulate the problems inherent
in Birks' proposed taxonomy for today's legal system. It puts forward
an alternative model of the relationship between wrong and remedy - allowing
for flexibility and the concept of appropriateness. Wrong and remedy are
not completely independent from each other. They exist in a "sticky" relationship
that guides the relief granted in each situation. A hard and fast taxonomy
is doomed to failure. This article presents a solution to this problem
where taxonomy is based on a loose and dynamic federation of remedies.
Case Notes:
Damages to Protect Performance Interest And the Reasonableness
Requirement Grounds of Economic Duress - Further Clarification or
Further Confusion?
The Singapore Journal of Legal Studies invites submissions
from the members of the Restitution Discussion Group. All enquiries on
overseas subscription and submissions should be sent to: lawthw@nus.edu.sg.
The Singapore Journal of Legal Studies website can be found at
Tang Hang Wu <== Previous message Back to index Next message ==> |
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