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NCJRS Abstract

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NCJ Number: 73060 Find in a Library
Title: Anglo-American Trends in Restitution
Author(s): G Jones
Date Published: 1978
Page Count: 14
Format: Document
Language: English
Country: Netherlands
Annotation: In this lecture three topics in restitution-restitutionary claims for services rendered, benefits gained through economic pressure, and breach of confidence are chosen to illustrate how the common law meets present needs through adaptation of traditional techniques.
Abstract: At present the English law recognizes the principle of unjust enrichment, but it has not yet recognized any generalized right to restitution in every case of unjust enrichment. For example, a restitutionary claim for services has been extended to include the services freely accepted even though there was no initial request, and in some cases to the person who mistakenly discharges another's contractual or statutory duty without the other's knowledge. In the case of economic duress which often takes the form of the refusal to perform existing contractual obligations unless further benefits are conferred, the United States courts usually rule that the threat to break the contract is in itself a wrongful act. However, English courts have not reached a final view on this question. The third case discussed that of restitutionary claim arising from the breach of another's confidence, is also controversial. Consensus has not been reached as to the definition of 'confidential information,' and the case law is still undeveloped. A brief history of the English law of restitution, footnotes, and sample cases from the United States, Australia, Canada, and Great Britain, are included.
Index Term(s): England; Restitution
Note: Lecture given in the Auditorium of the University of Amsterdam on Friday 16th December 1977 in Commemoration of the Graduation on Wednesday 14th December 1927 of Marcel Henri Bregstein to the Degree of Doctor of Laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=73060

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