戈夫和瓊斯論返還法

《戈夫和瓊斯論返還法》是2013年商務印書館出版的圖書，作者是加雷斯·瓊斯。

基本介紹

• 中文名：戈夫和瓊斯論返還法
• 外文名：Goff & Jones the Law of Restitution
• 作者：加雷斯·瓊斯
• 出版日期：2013年3月1日
• 語種：簡體中文, 英語
• 定價：680.00
• 出版社：商務印書館
• 頁數：946 頁
• 開本：16 開
• ISBN：9787100093071

內容簡介

《戈夫和瓊斯論返還法(第7版)(英文版)》編輯推薦：《戈夫和瓊斯論返還法(第7版)(英文版)》是作者精心為廣大讀者朋友們編寫而成的此書，可以讓更多的人了解到書中的知識。《戈夫和瓊斯論返還法(第7版)(英文版)》通過對案例額度分析解釋法律原則如何被法庭套用於實踐。羅列出對抗返還訴訟的抗辯理由。重新編寫了一些章節，包括違反信託關係，泄密，轉換位置等。

返還法領域最權威的著作。該書論述了該領域的理論，原則和實踐套用。該書研究了不當得利領域的潛在原則，解釋了返還利益的不同方法。覆蓋了包括錯誤，強迫，必需，無效交易要約這些領域的理論和實踐。通過對典型案例和最新案例的深入剖析，讓讀者理解該領域法律的變遷以及對現在你現在辦理的案件的影響。通過對案例額度分析解釋法律原則如何被法庭套用於實踐。羅列出對抗返還訴訟的抗辯理由。重新編寫了一些章節，包括違反信託關係，泄密，轉換位置等。

圖書目錄

Preface

Table of Cases

Table of Statutes

Table of Statutory Instruments

Table of non—UK Statutes

Table of Abbreviations

PART Ⅰ——INTRODUCTION

1.General Principles

1.Introduction

2.The Principle of Unjust Enrichment

3.The Limits to a Restitutionary Claim based on Another's Unjust Enrichment

4.The Classification of Restitutionary Claims

2.Proprietary Claims and Proprietary Remedies

1.Why Would a Claimant Wish to Vindicate his Proprietary Title？

2.Proprietary Claims

3.Tracing Value at Law and in Equity

3.Subrogation

1.General Principles

2.The Established Categories of Subrogation

3.Authorised Borrowings： The Discharge of the Borrower's Valid Liabilities

4.Unauthorised Borrowings： The Discharge of the Borrow— er's Valid Liabilities

PART II——THE RIGHT TO RESTITUTION

Section One： Where the Defendant has Acquired a Benefit from or by the Act of the Plaintiff

A.Mistake

4.Recovery of Money Paid Under a Mistake of Fact

5.Recovery of Money Paid Under a Mistake of Law

6.Restitution in Respect of Services Rendered Under a Mistake

1.Introduction

2.Restitutionary Claims Arising from Mistaken Improve— ments to Land

3.Other Restitutionary Claims

7.Restitution in Respect of Chattels （Other than Money） Transferred Under a Mistake

8.Recovery of Land Transferred Under a Mistake

9.Relief from Transactions Entered into Under a Mistake

1.Rescission

2.Rectification

3.Reopening Accounts

B.Compulsion

10.Recovery of Benefits Conferred Under Duress

1.Introduction

2.The Established Categories of Duress

3.Duress and Submission to Honest Claims

4.Proprietary Claims

5.Failure to Tender Amends

11.Recovery of Benefits Conferred Under Undue Influence

1.General Principles

2.Actual Undue Influence

3.Presumed Undue Influence

4.Limits to Relief and Defences

5.Propriety Claims

12.Relief from Unconscionable Bargains

1.In Equity

2.In Admiralty

13.The Right to Contribution or Recoupment

1.General Introduction

14.The Right to Contribution

1.Introduction

2.Particular Contribution Claims

15.The Right to Recoupment： Compulsory Discharge of Another's Liability

1.The Claimant's Payment must have been Compulsory

2.The Claimant must not have Officiously Exposed himself to the Liability to Make the Payment

3.The Claimant's Payment must have Discharged a Liability of the Defendant

4. The Restitutionary Right is a Right to Reimbursement not to an Indemnity

5. Cases in which the Claimant has a Right of Deduction

16. Recovery of Benefits Conferred Under Judgments or Orders Sub— sequently Reversed or Set Aside

C.Necessity

17. Restitution at Common Law

1. Agency of Necessity

2. Necessitous Intervention by a Stranger

3.Conclusion

18. Other Restitutionary Claims

Ⅰ.Maritime Salvage

1. The Nature of the Right

2. Conditions of the Right to Salvage Reward

3. The Award

4.Remedies

Ⅱ. General Average Contribution

1. The Basis of the Contribution

D.Ineffective Transactions

19.Introduction

20. Contracts Discharged through Breach or Frustration

1. The Common Law Background

2. Contracts Discharged through Breach

3. Contracts Discharged through Frustration

4. The Law Reform （Frustrated Contracts） Act 1943

21. Contracts for the Sale or Disposition of Land which are Void for Lack of Writing： and Void Bills of Sale

1. Contracts for the Sale of Land

2. Void Bills of Sale

22. Contracts Void for Want of Authority

1. Where T Paid Money to P or to A

2. Where T Transferred Goods to P or to A

3. Where T Rendered Services to P or to A

23. Contracts Void for Mistake or Uncertainty

1. Where there is Held to be No Contract because of some Unresolved Ambiguity in， or Incompleteness of， the Con—tractual Terms

2.Where the Contract is Void because there has been no Objective Correspondence of Offer and Acceptance

3. Where the Contract is Held to be Void by Reason of the Failure of Some Condition， Precedent or Other Essential Term

4. Where there has been a Successful Plea of Non Est Factum

24. Restitutionary Claims and Illegal Contracts

1. The General Rule： Illegality as a Defence to a Restitu—tionary Claim

2. When Will a Restitutionary Claim be Successful？

3. Cases on Agency

4.Critique

25. Contracts Affected by Incapacity

1. Contracts of the Mentally Disordered and Drunkards

2. Minors' Contracts

3. Contracts made by Companies and Corporations

26. Anticipated Contracts which do not Materialise

1. The Restitutionary Claim： In Principle

2. The English Case Law

3. Some Tentative Conclusions

27. Money Paid to the Revenue or to a Public Authority Pursuant to an Ultra Vires Demand

Section Two： Where the Defendant has Acquired from a Third Party a Benefit for Which he must Account to the Claimant

28.Attornment

1. Attornment in Respect of Money

2. Attornment in Respect of Chattels

29. Cases where the Defendant without Right Intervenes Between the Claimant and a Third Party

1. Usurpers of Offices

2. Other Cases

3. Proprietary Claims

30. Claims under a Will or Intestacy or under an Inter V7vos Trust

1. Personal Claims

2. Proprietary Claims

31. Perfection of Imperfect Gifts in Favour of Intended Donees

Section Three： Where the Defendant has Acquired a Benefit Through his own Wrongful Act

32.Introduction

1. The Claimant Suffers a Wrong； the Wrongdoer is Unjustly Enriched at his Expense

2. The Claimant Suffers a Wrong： The Wrongdoer is Required to Disgorge the Gain although He may not be Unjustly Enriched at the Claimant's Expense

3. The Wrongdoer is Enriched at the Claimant's Expense， Yet His Only Claim will be Damages for Loss Suffered

4. A Criminal Benefits from His Crime； The Ground of the Claim is the Wrongful Act， the Crime

33. Benefits Acquired in Breach of Fiduciary Relationships

1.Introduction

2. The Liability of a Fiduciary Who Abuses His Position of Trust

3. The Liability of a Stranger Who Receives Trust Property Transferred to Him in Breach of Trust

4. The Restitutionary Liability of Third Parties who Instigate or Participate in， a Breach of Trust

34. Benefits Acquired in breach of Another's Confidence

1.Introduction

2. The Basis and Scope of the Restitutionary Claim

3.Remedies

4.Defences

35. Benefits Acquired in Breach of an Undertaking to Hold Property for the Benefit of Another

36. Restitutionary Claims Based on Another's Tortious Act

1.What Torts Can Form the Basis of a Restitutionary Claim？

2. The Advantages of Bringing a Restitutionary Claim

3.Election

4. Proprietary Claims

37. Benefits Acquired by Reprehensible Means

38. Benefits Accruing to a Criminal from his Crime

1. A General Restitutionary Principle？

2. The Common Law Rule of Forfeiture

3. Specific Problems arising from Succession to Property on Death

4. The Forfeiture Act 1982

5. Profits from the Crime

PART Ⅲ—DEFENCES

39.Introduction

40. Change of Position and Estoppel

Ⅰ.Change of Position

1. The General principle

2. Is Change of Position a Defence to all Restitutionary Claims？

3. Public Policy Defeats the Defence of Change of Posi— tion

4. Change of Position Should be a Defence to a Claim for Rescission

5. The Scope of the Defence

6. The Irrelevance of Fault or Negligence

7. A Critical Question： When is it Inequitable to Require the Recipient to Make Restitution？

8. Exceptionally Change of Position May be a Defence Even if the Claim is Based on the Claimant's Title and not upon Another's Unjust Enrichment

9. Joint Tenancy and Change of Position

Ⅱ. Common Law Estoppel

Ⅲ. Two Special Groups of Cases

1.The Cases on Agency： Recovery from Agents and Persons in an Analogous Position： Payment to the Principal

2. Bills of Exchange

41. Good Consideration

42. Bona Fide Purchase

1. At Common Law

2. In Equity

43. Statutes of Limitation and Laches

1. Where the Defendant has Acquired a Benefit from or by the Act of the Plaintiff

2. Where the Defendant has Acquired from a Third Party Benefit for which he must Account to the Claimant

3. Where the Defendant has Acquired a Benefit through his own Wrongful Act

4. Proprietary Claims

44. Res Judicata and Election

1. Res Judicata

2.Election

Bibliography

Index