The Law of Restitution

The Law of Restitution


Find Full Text

Available in the Osgoode Hall Law School Library


Part one. Introduction. Historical background -- A Canadian law of restitution -- General principles -- Part two. Remedies. Common law remedies -- Equitable remedies -- Tracing at law -- Tracing in equity -- Subrogation -- Contribution and indemnity -- Part three. The right to restitution. Topic I. Mistake. Money paid under a mistake of fact -- Money paid under a mistake of law -- Other benefits conferred by mistake -- Topic II. Ineffective transactions. Informality -- Incapacity -- Illegality -- Want of authority -- Mistake, misunderstanding and uncertainty -- Frustration -- Discharge for breach -- Misrepresentation -- Contracts and gifts which do not materialize -- Topic III. Public authorities. Restitution from public authorities -- Topic IV. Profit from wrongdoing. Criminal and quasi-criminal acts -- Waiver of tort -- Breach of contract -- Compulsion -- Breach of fiduciary duty -- Breach of confidence -- Unconscionable transactions -- Other equitable wrongdoing -- Topic V. Officiousness. Necessitous intervention : the altruistic intermeddler -- Compulsory discharge of another's liability -- The self-serving intermeddler -- Topic VI. Pettkus v. Becker and its progeny. Property disputes between cohabitants -- Topic VII. Benefits acquired from third parties. Restitution of benefits conferred upon the defendant by a third party -- Benefits wrongly acquired by a third party before transfer to the defendant.


ISBN : 9780779896783

Publication Date



Thomson Reuters Canada




Civil Procedure | Law | Legal Remedies

The Law of Restitution