Re-examining Contract and Unjust Enrichment

Anglo-Canadian Perspectives

Editor: Paula Giliker
This collection of essays addresses some of the fundamental questions facing the law of contract and of unjust enrichment in the twenty-first century from a comparative perspective. Leading academics from Canada and the United Kingdom analyse the nature and development of the principles of unjust enrichment, their relationship with contract and fiduciary obligations and their impact upon traditional contractual doctrines such as mistake, undue influence, frustration and the assessment of damages. The text provides an insightful, contemporary and provocative examination of this fast-developing area of law.
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Biographical Note

Paula Giliker is Reader in Comparative Law, University of Bristol.

Table of contents

Foreword
Préface
List of Contributors
Table of Cases
Table of Legislative Instruments


Chapter 1
Diverging or Converging – The Ongoing Relationship of the Common
Laws of England and Canada
Paula Giliker

Part 1: The Boundaries of Contract and Unjust Enrichment

Chapter 2
The Relation Between Contract and Unjust Enrichment
Stephen Waddams

Chapter 3
Unjust Factors, Juristic Reasons and Contracts in
Anglo-Canadian Law
Mitchell McInnes

Chapter 4
Mistake in Contract Law and in Unjust Enrichment
Kate Bracegirdle

Chapter 5
No Longer taken to be Cognisant of the Law? Mistake of Law in
Contract and Restitution in Canada and England
Catharine MacMillan

Chapter 6
The Fiduciary Concept, Contract Law, and Unjust Enrichment:
A Functional Comparison
Leonard I. Rotman

Chapter 7
Drafting an Irish Frustrated Contracts Act: Lessons from
British Columbia
Cliona Kelly

Chapter 8
Once More unto the Breach: Remedies for the Non-Payment of
Insurance Claims after Blake
James Davey

Chapter 9
Choice of Law for Void Contracts and their Restitutionary Aftermath:
The Putative Governing Law of the Contract
Adeline Chong

Part 2: Clarifying the Law of Unjust Enrichment

Chapter 10
Implied Contract and the Taxonomy of Unjust Enrichment
Duncan Sheehan

Chapter 11
Contract, Unjust Enrichment and Restitution: The Significance of
Classification
Peter Jaffey

Part 3: Clarifying the Law of Contract

Chapter 12
The Purpose of the Doctrine of Presumed Undue Infl uence
Jesse Elvin

Chapter 13
Awarding Damages for Distress and Loss of Reputation in England
and Canada
Jill Poole

Part 4: Contract and Unjust Enrichment – Reconciling Different
Jurisdictional Approaches


Chapter 14
Specifi c Performance in the Common and Civil Law:
Some Lessons for Harmonisation
Lucinda Miller

Chapter 15
‘Compensation’ and ‘Indemnity’ under the Agency Regulations:
How the Common Law System Copes with the Invasion of
Civilian Concepts
Robert Bradgate and Séverine Saintier

Index


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