目次
The evolution of the species
Absence of basis, the new Birksian scheme
Three enrichment issues
Some thoughts on change of position
The role of fault in the law of restitution
Subrogation : persistent misunderstandings
Tracing
Gain-based damages and compensation
Unlawful statutes and mistake of law : is there a smile on the face of Schrödinger's cat?
The further travails of duress
Undue influence : beyond impaired consent and wrongdoing towards a relational analysis
Unjust enrichment, discharge for breach, and the primacy of contract
Resulting trusts
Jones v. Jones : property or unjust enrichment?
Unjust delivery
The avoidance of transactions in insolvency proceedings and restitutionary defences
Restitution after termination for breach of contract : German law after the reform of 2002
No basis : a comparative view
Unjust enrichment as absence of basis : can English law cope?
The fallacy of "restitution for wrongs"
Peter Birks and Scots enrichment law
What did damnum iniuria actually mean?
The romanization of Spain : the contribution of city laws in the light of the lex irnitana
Absent parties and bloody-minded judges
"You never can tell with bees" : good advice from Pooh for students of the lex aquilia
Late arrivals : the appendix in Justinian's Digest reconsidered
Logic and experience in Roman law
Unjust enrichment : the tenant's tale
Bezoar-stones, gall-stones, and gem-stones : a chapter in the history of the tort of deceit
Denials ancient and modern, with some Roman footnotes
Rumford market and the genesis of fiduciary obligations
Slavery and the Roman law of evidence in eighteenth-century Scotland
Sir William Jones and the nature of law
The publications of Peter Birks, 1969-2005
