This collection of essays celebrates the life and work of Peter Birks. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.
The works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.
As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognized as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection acknowledges and pays tribute to Peter Birks' work.
Andrew Burrows is Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughs College, Oxford. He has contributed to Chitty on Contracts (29th edition, Sweet and Maxwell, 2004) and is the author of Remedies for Torts and Breach of Contract (3rd edition, Oxford, 2004). Lord Rodger is Lord of Appeal in Ordinary, a Fellow of the British Academy, President of the Expert Witness Institute, and Honorary Professor of Law at the Universities of Aberdeen and Glasgow. He has authored Owners and Neighbours in Roman Law (Oxford, 1972).
Show moreThis collection of essays celebrates the life and work of Peter Birks. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment.
The works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence.
As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognized as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection acknowledges and pays tribute to Peter Birks' work.
Andrew Burrows is Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughs College, Oxford. He has contributed to Chitty on Contracts (29th edition, Sweet and Maxwell, 2004) and is the author of Remedies for Torts and Breach of Contract (3rd edition, Oxford, 2004). Lord Rodger is Lord of Appeal in Ordinary, a Fellow of the British Academy, President of the Expert Witness Institute, and Honorary Professor of Law at the Universities of Aberdeen and Glasgow. He has authored Owners and Neighbours in Roman Law (Oxford, 1972).
Show moreList of Contributors
Andrew Burrows and Alan Rodger: INTRODUCTION
THE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION
1: Francis Rose: The Evolution of the Species
General Concepts
2: Andrew Burrows: Absence of Basis: The New Birksian Scheme
3: Robert Stevens: Three Enrichment Issues
4: Gareth Jones: Some Thoughts on Change of Position
5: Graham Virgo: The Role of Fault in the Law of Restitution
6: Charles Mitchell: Subrogation: Persistent Misunderstandings
7: Lionel Smith: Tracing
8: James Edelman: Gain-Based Damages and Compensation
Some Particular Unjust Factors
9: Jack Beatson: Unlawful Statutes and Mistake of Law: Is There a
Smile on the Face of Schrödinger's Cat?
10: Ewan McKendrick: The Further Travails of Duress
11: Mindy Chen-Wishart: Undue Influence: Beyond Impaired Consent
and Wrong-Doing Towards a Relational Analysis
12: Gerard McMeel: Unjust Enrichment, Discharge for Breach, and the
Primacy of Contract
Property, Insolvency and Restitution
13: Robert Chambers: Resulting Trusts
14: Peter Millett: Jones v Jones: Property or Unjust
Enrichment?
15: William Swadling: Unjust Delivery
16: Roy Goode: The Avoidance of Transactions in Insolvency
Proceedings and Restitutionary Defences
THE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION
17: Reinhard Zimmermann: Restitution after Termination for Breach
of Contract: German Law after the Reform of 2002
18: Sonja Meier: No Basis: A Comparative View
19: Gerhard Dannemann: Unjust Enrichment as Absence of Basis: Can
English Law Cope?
20: Thomas Krebs: The Fallacy of 'Restitution for Wrongs'
21: Hector MacQueen: Peter Birks and Scots Enrichment Law
ROMAN LAW
22: Alan Rodger: What Did Damnum Iniuria Actually Mean?
23: Georg Wolf: The Romanization of Spain: The Contribution of City
Laws in the Light of the Lex Irnitana
24: Ernest Metzger: Absent Parties and Bloody-Minded Judges
25: Arianna Pretto-Sakmann: 'You Can Never Tell with Bees': Good
Advice from Pooh for Students of the Lex Aquilia
26: Tony Honoré: Law Arrivals: The Appendix in Justinian's Digest
Reconsidered
27: David Johnston: Logic and Experience in Roman Law
28: Eltjo Schrage: Unjust Enrichment: The Tenant's Tale
LEGAL HISTORY
29: John Baker: Bezoar Stones, Gall Stones and Gem Stones: A
Chapter in the History of the Tort of Deceit
30: Jeffrey Hackney: Denials Ancient and Modern, with some Roman
Footnotes
31: Joshua Getzler: Rumford Market and the Genesis of Fiduciary
Obligations
32: John Cairns: Slavery and the Roman Law of Evidence in
Eighteenth-Century Scotland
33: David Ibbetson: Sir William Jones and the Nature of Law
THE PUBLICATIONS OF PETER BIRKS 1969 - 2005Eric Descheemaeker:
Andrew Burrows is Norton Rose Professor of Financial and Commercial
Law, and Fellow of St Hughs College, Oxford. He has contributed to
Chitty on Contracts (29th edition, Sweet and Maxwell, 2004) and is
the author of Remedies for Torts and Breach of Contract (3rd
edition, Oxford, 2004). Lord Rodger is Lord of Appeal in Ordinary,
a Fellow of the British Academy, President of the Expert Witness
Institute, and Honorary Professor of Law at the Universities of
Aberdeen
and Glasgow. He has authored Owners and Neighbours in Roman Law
(Oxford, 1972).
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