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Lloyd's Maritime and Commercial Law Quarterly

BOOK REVIEW - THE LAW OF RESTITUTION

THE LAW OF RESTITUTION. Andrew Burrows, M.A., B.C.L., LL.M., Barrister, Fellow of Lady Margaret Hall, Oxford. Butterworths, London (1993) xxxiv and 500 pp., plus 8 pp. Index. Paperback £25.95.
LAW OF RESTITUTION. Andrew Tettenborn, Fellow of Pembroke College, Cambridge. Cavendish Publishing, London (1993) xix and 168 pp., plus 5 pp. Index. Paperback £17.95.
A further indication of the growing importance of the Law of Restitution in England is the recent publication of these two new shorter texts. These books are completely different animals and can in no sense be regarded as in the same class. In the opinion of this reviewer, Burrow’s text is outstanding both for its academic merit and lucid exposition of the law, whereas Tettenborn’s is too lightweight to contribute to the ongoing development of restitution.
In his Preface, Burrows states the object of his book: to provide the first student text of the English Law of Restitution, by presenting it in a clear and coherent manner. He has succeeded admirably in achieving that objective. Burrows also notes in his Preface that, following the decision of the House of Lords in Lipkin Gorman v. Karpnale Ltd [1991] 2 AC 548, it is beyond any argument that there is a coherent and principled law of restitution based on the reversal of unjust enrichment. As with many other areas of English law the recognition of this principle is in no small measure the result of the labours of academic writers, and especially those who have systematized the law in textbooks. Goff and Jones, in their Law of Restitution, gathered together the areas and cases where restitutionary remedies were found

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