The Varieties of Restitution

Abstract

Introduction Mistaken Payments Non-contractual mistakes Is there a right to restitution for the mistaken provision of benefits in kind? Contractual mistakes Interest as an incident of restitution Duress, Undue Influence and Unconscionable Bargains Payments Made a Total Failure of Consideration Frustration Mistake in contract at common law Fundamental breach of contract Can the party in breach recover payments? Total failure of consideration of non-contractual payments Does the doctrine of total failure of consideration apply to benefits in kind? Voluntary Provision of Benefits in Kind Non-contractual promises Unenforceable and void contracts Anticipated contracts Contracts discharged by breach of frustration Voluntary payment of another's liabilities Non-voluntary Provision of Benefits in Kind Compulsory payment of another's legal liability Necessitous intervention Restitution for Wrongs The injustice of the enrichment Property and proprietary torts Relationships of trust and confidence Breach of contract Proprietary Claims and Proprietary Remedies Proprietary claims at common law Entitlement to proprietary remedies in equity The rules for tracing in equity Defences Change of position Illegality Restitutio in integrum A defence of passing on the loss? Table of Cases/ Table of Statutes/ Index

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 50 citations exist upstream.