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Change of Position and Restitution for Wrongs: 'Ne'er the Twain

Birks, 'The Concept of a Civil Wrong' in David G Owen (ed), Philosophical Foundations of Tort. Law (1995) 31; Edelman, Gain-Based Damages, above n 6, ch 2. See also Burrows, The Law of. Restitution (2nd ed, 2002), above n 6, 457–8 . 19 For a discussion of other wrongs, see Edelman, Gain-Based Damages, above n 6, ...



In response to these high numbers, the Foundation launched the Juvenile Justice Pilot as the first initiative of 100 ... Remove excessive burden of restitution and court-related fees, which serve to inhibit the rehabilitation and .... “Peer pressure, get caught up with the wrong people, people lead them to do stuff.” • “A lot of ...

100 Percent Pittsburgh -- Youth and Juvenile Justice Report.pdf

Birks, Peter --- "Equity in the Modern Law: An Exercise in Taxonomy

Restitution for wrongs 16. Poison for the ... It is not too much to say that taxonomy is the foundation of most of the science which late 20th century homo sapiens takes for granted. .... The rights which people bear, whether in personam or in rem, derive from the following events: wrongs, consent, unjust enrichment, and others.


Measurement of Restitution: Coordinating Restitution with

between compensatory damages, restitution, and punitive damages and to locate the transitions between them. Table of .... result. 3. S.F.C. MILSOM, 2 HISTORICAL FOUNDATIONS OF THE COMMON LAW 6 (1981). ..... analytical baggage. 22. Daniel Friedmann, Restitution for Wrongs: The Measure of Recovery, 79 TEX. L.



Nov 24, 1999 ... private law — the doctrine of restitution for wrongs and especially for appropriations. In Unjust Enrichment: A Study of Private Law and. Public Values, 4 I offered a theory of this body of law, which clearly belongs to the first approach to private law theory. Recently, in Res- titutionary Damages as Corrective ...


The Structure of Unjust Enrichment Law: Is Restitution a Right or a

Jan 1, 2003 ... 1, 28 (2000); see also Peter Birks, The Concept of a Civil Wrong, in. PHILOSOPHICAL FOUNDATIONS OF TORT LAW 48-49 (David G. Owen ed.,. 1995) (arguing that the second category analysis is "superfluous"). But see Kit. Barker, Rescuing Remedialism in Unjust Enrichment Law: Why Remedies are.


Corrective Justice and Deterrence

Peter Birks, 'Civil Wrongs: A New. World' in Butterworths Lectures 1990-1991 ( Butterworths 1992) 55, 86. 2 Ernest Weinrib, 'Restitutionary damages as Corrective Justice' (2000) 1 Theoretical Inquires in Law 1, 6. 3 Francesco Giglio, The Foundations of Restitution for Wrongs (Hart Publishing 2007) 195, 202. It is also.


Righting Wrongs

Foundations of the Right to Restitution. 2. 2. Restitution in Contemporary times. 2. B. Restitution, justice and the inalienability of rights. 3. C. The right to restitution at international law. 4. D. Is the Right to restitution absolute? 5. III. EXAMPLES OF HISTORICAL INJUSTICES CALLING. FOR RESTITUTION/REDRESS. 5.


a consideration of restitution of unjust enrichment, with particular

would fall within the rules based on wrongs. Finally, any matter resulting in the enrichment of the defendant as a result of some unjust factor – such as failure of consideration, mistake, or undue influence – would be governed by the rules on restitution of unjust enrichment. The principal difficulty with the law of restitution is  ...


A Relational Critique of the Third Restatement of Restitution § 39

Restitution in 1985.3. Such has been the importance of the late Professor. Peter Birks in making this argument that I propose to call it the Birksian argument, though this somewhat misdescribes Birks's own ... 8. James S. Rogers, Restitution for Wrongs and the Restatement (Third) of the Law of ... foundations of contract.


Restitution Without Corrective Justice

payments or duties not to receive another's goods. It does not deny that liability in these cases can be justified on other non-breach of duty related grounds. 29 L. Smith, “Restitution: The Heart of Corrective Justice” 2127, 2133. P. Birks “The Concept of a Civil. Wrong” in D.G. Owen (ed.), Philosophical Foundations of Tort Law ...


Sheathing Restitution's Dagger Under The Securities Acts

“Beneath the cloak of restitution lies the dagger to compel the conscious wrongdoer to disgorge his gains.” .... See Sarah Worthington, Reconsidering Disgorgement for Wrongs, 62. MOD. L. REV. 218, 225 (1999). 10 .... while many of the foundation articles on restitutionary remedies have mentioned the term, few ascribe any ...


Coefficient of restitution and linear dashpot model revisited

Jan 12, 2007 ... This research was supported by German Science Foundation (Grant. PO 472/15- 1). Thomas Schwager. Charité ... is the foundation of the Kinetic Theory of granular gases, based on the Boltzmann or Enskog kinetic .... 2 shows both the ( wrong) coefficient of restitution as derived from criterion (14) (dashed ...


The System of Equitable Remedies

Restitution for Wrongs and the Restatement (Third) of the Law of Restitution and Unjust Enrichment, 42. WAKE FOREST L. REV. 55, 56 (2007) (calling distinctions between legal and equitable restitution. “little short of gibberish”). ... FOUNDATIONS OF FIDUCIARY LAW 261 (Andrew S. Gold & Paul B. Miller eds., 2014).


Is the Thief a Trustee?

The topic of this dissertation lies at the intersection of many theoretical debates in the law of restitution; it concerns the relationship between wrongs and unjust enrichment, equity and the common law, and personal and proprietary remedies. The purpose of this dissertation is to resolve some of these debates in the particular ...


the holocaust, thefticide, and restitution: a legal perspective

but provided the foundation for the contemporary international law of human rights. It included state and individual responsibil- ity for criminal violations of human rights, the correlative right of individuals and groups to protection against these criminal viola- tions, and the right to redress and reparation for these wrongs.


Taking Wrongs Seriously

restitution measures serves to highlight the ambiguous meanings forgiveness .... Are they wrong? It is clear that person- ally forgiving the people that murdered your family or put you to inhumane torture is a rare and heroic act that should not be .... source for a critique of Western universalism and the foundation for a cos-.

forgive and not forget.pdf

hey, that's cheating! the misuse of the irreparable injury rule as a

This Note explores the foundations of unjust enrichment ... Restitution, 67 Tex. L. Rev. 1277, 1277 (1989) [hereinafter Laycock, Scope and. Significance] (“In an outline of the sources of civil liability, the principal headings would be tort .... James Steven Rogers, Restitution for Wrongs and the Restatement (Third) of the Law of.


What Renders Enrichment Unjust

Jun 1, 2001 ... One must expect to find leaks in the barriers even when their foundations seem firm."5 Dawson's worry .... For instance, Birks separates restitution for wrongs from unjust enrichment. Birks, supra ... For a different argument that the law of restitution for wrongs must ultimately be grounded. 1930. [Vol. 79:1927 ...


The Restatement (Third) of Restitution and Unjust Enrichment

The new Restatement (Third), of Restitution and Unjust Enrichment builds on the foundation of the 1937. Restatement and offers an up-to-date account of American law on this subject which is equivalent both in its essentials and in most of its details to the restitutionary law of the Canadian common law provinces . The.