Fundamental Principles | The Principles of the Law of Restitution (2024)

The Principles of the Law of Restitution (4th edn)

Graham Virgo

Published:

2024

Online ISBN:

9780191993954

Print ISBN:

9780198885320

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The Principles of the Law of Restitution (4th edn)

Graham Virgo

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Graham Virgo

Graham Virgo

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Oxford Academic

Pages

727–738

  • Published:

    April 2024

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Virgo, Graham, 'Fundamental Principles', The Principles of the Law of Restitution, 4th edn (Oxford, 2024; online edn, Oxford Academic, 20 June 2024), https://doi.org/10.1093/oso/9780198885320.003.0024, accessed 26 June 2024.

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Abstract

This chapter identifies the principles which underpin the general defences to all, or almost all, restitutionary claims. It clarifies the use of terminology by distinguishing between defences and denials, defences and bars, and by clarifying matters of timing involved with these, and why these elements matters. The distinction between interpersonal justice and external justice is considered, as are a variety of different ways of characterizing the general defences, such as enrichment and unjust-related, public and private, rule-based and discretionary, personal and proprietary defences. At the end of the chapter, the particular defences of subjective devaluation, stultification of statutory policy, and counter-restitution are examined.

Keywords: general defences, bars, interpersonal justice, external justice, subjective devaluation, stultification of statutory policy, counter-restitution

Subject

Civil Law

Collection: Oxford Scholarship Online

The Principles of the Law of Restitution. Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0024

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