Restitution needs a test case (Record no. 78568)

MARC details
000 -LEADER
fixed length control field 01411cab a22002055a 4500
001 - CONTROL NUMBER
control field L137251
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070326e2007 xxk 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u137251
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Klein, Rudi
245 00 - TITLE STATEMENT
Title Restitution needs a test case
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
490 ## - SERIES STATEMENT
Series statement Construction News
Volume/sequential designation (7010) 22 March 2007, 32(1)
520 ## - SUMMARY, ETC.
Summary, etc. Examines the law of restitution. Discusses a situation that arose between a contractor carrying out refurbishment work on a pub, the brewery and the licensees. The licensees were contracted to pay the contractor, but went bankrupt, and the brewery argued it had no responsibility to pay the contractors. The brewery substantially gained at the contractor?s expense as the contractor did not have the funds to challenge this through the courts. Notes that a quantum meruit claim where a contract has not been concluded is regarded as a claim in restitution. Also points out that for a restitutionary claim to succeed, it must be clear that the client has benefited from the work carried out by the subcontract and that it was unjust for the client to retain the benefit of the work. Argues that a test case is required to clarify this grey area of law.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF RESTITUTION
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 26/03/2007   L137251 137251-1001 06/08/2019 1 06/08/2019 Journal article