From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 09/06/2009 15:59:50 UTC
Subject: [RDG] New book on Change of Position
Attachments: bant on change of position.pdf

Congratulations to RDG member Elise Bant on the appearance of her important

new book, The Change of Position Defence, from Hart Publishing.


From the web site at

(http://www.hartpub.co.uk/books/details.asp?isbn=9781841139654):


" It is a widely accepted view that the defence is a modern development, the

first express recognition of which can be traced in England to the seminal

decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd.

Commentators have accordingly tended to focus on post-Lipkin case law in

discussing the defence and its many disputed features.


This work takes a different stance, arguing that the defence is best

understood by placing it within its broader historical and legal context. It

explains that the foundations of the defence can be found in the related

doctrines of estoppel by representation, the agent's defence of payment over

and the law of rescission. The analysis applies crucial insights from those

areas, together with the change of position authorities and broader

considerations of policy and principle, to develop a rigorous model of the

change of position defence. "


The attached order form provides RDG members with a 20% discount on this

book.


Lionel



====


This message was delivered through the Restitution Discussion Group,

 an international internet LISTSERV devoted to all aspects of the law

 of unjust enrichment. To subscribe, send "subscribe enrichment" in

 the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe,

 send "signoff enrichment" to the same address. To make a posting to

 all group members, send to <enrichment@lists.mcgill.ca>. The list is

 run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.