Goff and Jones on Unjust Enrichment

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Description
(failure of basis; relation between contract and unjust enrichment); and Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] UKSC 40; [2021] 3
W.L.R. 727 (lawful act duress).
Responsibility for the chapters in this edition was shared by the authors as follows: Charles Mitchell-Chapters 1-2, 4-5, 11 and 18-35; Paul Mitchell Chapters 3, 10 and 12-17; and Stephen Watterson-Chapters 6-9 and 36-40. We have not attempted to discuss statutes and cases post-dating 1 June 2022. The views expressed in this book are for the purpose of further consideration only and are not to be acted upon without professional advice. No responsibility can be ac- cepted for any loss occasioned to any person, no matter howsoever caused or aris- ing as a direct or indirect consequence of action taken or refrained from in reli-
ance on the contents of this book.
We thank our academic and practitioner colleagues and our students for their insights into the subject over the past six years. We thank Ben Cartwright, Abe Chauhan, Georgios Dougenis and Gianna Seglias for excellent research assistance. We thank Sohini Banerjee, Melanie van der Linden and the editorial team at Sweet & Maxwell for helping us to produce this edition of the book. We thank our families for their support and encouragement, especially Charlotte Mitchell, Susan Chan and Amy Goymour.
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Table of Contents
Part I. Introduction
1. Introduction
Part II. Justifying Grounds
2. Justifying Grounds : Statutes, Judgments and Natural Obligations
3. Justifying Grounds : Contracts
Part III. Enrichment
4. Enrichment : General Principles
5. Enrichment : Types of Benefit
Part IV. At the Claimant's Expence
6. At the Claimant Expence : Personal Claims
7. At the Claimant Expence : Proprietary Claims
Part V. Grounds for Restitution
8. Lack of Consent and want of Authority
9. Mistake
10. Duress
11. Undue Influence and Unconscionable Bargains
12. Failure of Basis : General Principles
13. Failure of Basis : Bases of Transfer
14. Failure of Basis : Deposits
15. Frustrated Contracts
16. Anticipated Contracts that do not Materialise
17. Free Acceptance
18. Necessity
19. Secondary Liability : Overview
20. Secondary Liability : Contribution and Reimbursment
21. Secondary Liability : Insurers Subrogation Rights
22. Money Paid as Taxes and other Levies that are not Due
23. Ultra Vires Payments by Public Bodies
24. Legal Incapacity
25. Illegality
26. Benefits Conferred under Judgements and Orders that are Later Reversed
Part VI. Defences
27. Change of Position
28. Ministerial Receipt
29. Bona Fide Purchase and Good Consideration
30. Estoppel
31. Counter - Restitution Impossible
32. Passing on
33. Limitation
34. Legal Incapacity
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Author Details