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This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.

Restitution --- Unjust enrichment --- Law - Great Britain --- Law - Non-U.S. --- Law, Politics & Government --- Benefits, Unjustified --- Enrichment, Unjust --- Unjustified benefits --- Civil law --- Contracts --- Quasi contracts

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Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position

Unjust enrichment. --- Benefits, Unjustified --- Enrichment, Unjust --- Unjustified benefits --- Civil law --- Contracts --- Quasi contracts --- Restitution. --- Restitution --- Replevin --- Unjust enrichment --- Law and legislation

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Breach of contract --- Negotiorum gestio --- Unjust enrichment --- Benefits, Unjustified --- Enrichment, Unjust --- Unjustified benefits --- Civil law --- Contracts --- Quasi contracts --- Mandate (Contract) --- Non-performance (Law) --- Discharge of contracts --- Law and legislation

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What ends do we expect and hope to serve in punishing criminal wrongdoers? Does the punishment of offenders do more harm than good for American society? In The Case against Punishment, Deirdre Golash addresses these and other questions about the value of punishment in contemporary society. Drawing on both empirical evidence and philosophical literature, this book argues that the harm done by punishing criminal offenders is ultimately morally unjustified. Asserting that punishment inflicts both intended and unintended harms on offenders, Golash suggests that crime can be reduced by addressing social problems correlated with high crime rates, such as income inequality and local social disorganization. Punishment may reduce crime, but in so doing, causes a comparable amount of harm to offenders. Instead, Golash suggests, we should address criminal acts through trial, conviction, and compensation to the victim, while also providing the criminal with the opportunity to reconcile with society through morally good action rather than punishment.

Punishment. --- Penalties (Criminal law) --- Penology --- Corrections --- Impunity --- Retribution --- This. --- argues. --- book. --- criminal. --- done. --- harm. --- morally. --- offenders. --- punishing. --- that. --- ultimately. --- unjustified.

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Unjust enrichment --- Contracts --- Contracts. --- Unjust enrichment. --- Benefits, Unjustified --- Enrichment, Unjust --- Unjustified benefits --- Civil law --- Quasi contracts --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Law and legislation --- Unjust enrichment - Great Britain --- Contracts - Great Britain --- Royaume-Uni