======================================================================= == Date: Sun, 12 Mar 2006 15:51:18 -0400 Reply-To: Kenneth Rivkin Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Kenneth Rivkin Subject: Need precise quotes from Dawson's "Unjust Enrichment, A Comparative Analysis" MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_001D_01C645EC.CD66C2A0" This is a multi-part message in MIME format. ------=_NextPart_000_001D_01C645EC.CD66C2A0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable I wonder if anyone could supply me with two precise quotes from John P. = Dawson's book "Unjust Enrichment, A Comparative Analysis". The = approximate versions (translated back from a Spanish document) and the = corresponding page numbers are as follows: 1. "Contracts are judged as much by their results as by the state of = mind of the parties at the time the contract was made." p. 116 2. "A contract is voidable or rescindable if the purposes or = expectations of one of the parties is frustrated". p. 125. This may be = more of a paraphrase than a close translation of Dawson's original = comments. Thanks. Kenneth ____________________________________________________________________ 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 . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, . ------=_NextPart_000_001D_01C645EC.CD66C2A0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable

I wonder if anyone could supply me with = two precise=20 quotes from John P. Dawson's book "Unjust Enrichment, A Comparative = Analysis".=20 The approximate versions (translated back from a Spanish document) and = the=20 corresponding page numbers are as follows:

1. "Contracts are judged as much by = their results=20 as by the state of mind of the parties at the time the contract was = made." p.=20 116

2. "A contract is voidable or = rescindable if the=20 purposes or expectations of one of the parties is frustrated". p. 125. = This may=20 be more of a paraphrase than a close translation of Dawson's = original=20 comments.

Thanks.

Kenneth

____________________________________________________________________ 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>. ------=_NextPart_000_001D_01C645EC.CD66C2A0-- ======================================================================= == Date: Tue, 14 Mar 2006 18:26:33 +0000 Reply-To: Charles Mitchell Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Charles Mitchell MIME-Version: 1.0 Content-Type: text/plain; charset=ISO-8859-1 Content-Transfer-Encoding: quoted-printable List members may recall El Ajou v Dollar Land Holdings plc [1994] 1 BCLC = 164, a knowing receipt case, and its follow-up, El Ajou (No 2) [1995] 2 All ER 2= 13, where Robert Walker J laid down an interesting tracing rule. The upshot = of these was that the claimant won judgment for some =A35.5 million. Twelve= years later the claimant is still trying to enforce his judgment: El Ajou v Ste= rn [2006] EWCA Civ 165; online at www.bailii.org/ew/cases/EWCA/Civ/2006/165.= html --=20 Charles Mitchell charles.mitchell@kcl.ac.uk =20 ____________________________________________________________________ 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 . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, .