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AI Overview

"The Law of Restitution" by Robert Goff, Baron Goff of Chieveley, and Gareth H. Jones is a seminal textbook in the field of English law, specifically focusing on the principles of restitution and unjust enrichment. Here is a comprehensive overview of the book:

Key Themes

  1. Unjust Enrichment: The book explores the concept of unjust enrichment, which is the central theme. It delves into how individuals or entities can be held liable for retaining benefits that they have unfairly obtained at the expense of others.

  2. Restitutionary Claims: It examines various types of restitutionary claims, including those arising from mistake, undue influence, and other forms of unjust enrichment.

  3. Jurisprudential Development: The book reflects the significant jurisprudential developments in the field of restitution, particularly highlighting the contributions of Lord Goff, who was instrumental in shaping the law through his judgments and academic writings.

Plot Summary

The book does not have a narrative plot but rather presents a comprehensive analysis of the law of restitution. It covers the historical development of the subject, key cases, and theoretical frameworks. The first edition was published in 1966, and subsequent editions have updated the law to reflect new judicial decisions and academic insights.

Critical Reception

"The Law of Restitution" has been widely acclaimed for its authoritative and comprehensive treatment of the subject. Here are some notable points about its critical reception:

  1. Influence on Jurisprudence: The book has been instrumental in establishing unjust enrichment as a distinct branch of jurisprudence. Lord Rodger described it as "the Romulus and Remus of the English Law of Restitution," indicating its foundational role in shaping the field.

  2. Academic and Judicial Recognition: The book's analysis has been reflected in key judicial decisions, particularly those handed down by Lord Goff. For example, his judgment in Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd 1 QB 677 is often cited as a landmark case that reflects the principles discussed in the book.

  3. Authoritative Textbook: It is considered the definitive work on restitution and unjust enrichment, providing a comprehensive interpretation of all aspects of the subject. The book has been praised for its clarity and depth, making it a go-to resource for legal scholars and practitioners alike.

Editions and Publication

The first edition was published in 1966 by Sweet & Maxwell. The book has undergone significant revisions, with the tenth edition being the latest. The fourth edition, published in 1993, was written by Gareth Jones after Robert Goff's involvement in the project had concluded.

In summary, "The Law of Restitution" by Robert Goff, Baron Goff of Chieveley, and Gareth H. Jones is a foundational textbook that has profoundly influenced the development of English law on restitution and unjust enrichment. Its critical reception is marked by its authoritative and comprehensive treatment of the subject, making it a seminal work in the field.