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" The defence of passing on / "
Michael Rush.
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BL
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| Record Number
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1035161
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| Doc. No
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b789531
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| Main Entry
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Rush, Michael,1975-
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| Title & Author
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The defence of passing on /\ Michael Rush.
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| Publication Statement
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Oxford ;Portland, Or. :: Hart Pub.,, 2006.
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| Page. NO
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xxvi, 263 pages :: illustrations ;; 24 cm
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| ISBN
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1841136026
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: 9781841136028
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| Bibliographies/Indexes
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Includes bibliographical references (pages 251-256) and index.
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| Abstract
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"The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America. This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment. This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law."--Jacket.
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| Subject
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Defense (Civil procedure)
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Unjust enrichment.
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Défense (Procédure civile)
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Enrichissement sans cause.
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| Subject
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Defense (Civil procedure)
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Unjust enrichment.
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| Dewey Classification
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346.029
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| LC Classification
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K920.R87 2006
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| NLM classification
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D915.2clc
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KN20.2 RUSmoys
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KN20.2R874 2006moys
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