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
Pages
136–149
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Published:
April 2024
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Virgo, Graham, 'Principles Underlying The Recognition of The Grounds of Restitution', The Principles of the Law of Restitution, 4th edn (
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Abstract
This chapter identifies the reasons for the recognition of grounds of restitution, with reference to those which are claimant-orientated (involving absence of intention to benefit, vitiation of intention, and qualified intention), those which are defendant-orientated, and those which are policy-based. The particular ground of free acceptance is considered and rejected. The chapter also considers whether the orthodox grounds of restitution should be rejected in favour of recognizing a principle that restitution should lie if there was no legal basis for the defendant’s receipt. This principle is analysed and rejected because it is inconsistent with the state of the authorities and cannot be justified for policy and theoretical reasons.
Keywords: grounds of restitution, absence of intent, vitiated intent, qualified intent, free acceptance, absence of basis
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/9780198885320.003.0006
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