Results 211 to 220 of about 468 (251)
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2023
Abstract This chapter spells out the ‘unjust factors’ which could justify the estate’s right to restitution. It then proceeds to propose an analogy with trusts law procedures in which a trust beneficiary can, exceptionally, enforce the trustee’s right against strangers to a trust, arguing that a standing-based rationalization better ...
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Abstract This chapter spells out the ‘unjust factors’ which could justify the estate’s right to restitution. It then proceeds to propose an analogy with trusts law procedures in which a trust beneficiary can, exceptionally, enforce the trustee’s right against strangers to a trust, arguing that a standing-based rationalization better ...
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2014
Abstract This chapter explores the modern role of unjust enrichment in English law, particularly in the context of commercial fraud. It outlines the core structure of a claim, requiring proof that the defendant is enriched at the claimant’s expense, that the enrichment is unjust, and that no defences apply. Since Lipkin Gorman v Karpnale
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Abstract This chapter explores the modern role of unjust enrichment in English law, particularly in the context of commercial fraud. It outlines the core structure of a claim, requiring proof that the defendant is enriched at the claimant’s expense, that the enrichment is unjust, and that no defences apply. Since Lipkin Gorman v Karpnale
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Law of Unjust Enrichment or Law of Unjust De-Enrichment?
2023Abstract The notion of an unjust enrichment law implies—as the name suggests—a focus on the defendant’s enrichment. The idea that unjust enrichment needs to be given up for the benefit of a claimant seems to be generally accepted without much reflection.
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The Cambridge Law Journal, 1995
Restitution has always been part of the common law. Yet in recent years a startling transformation has taken place: an active and determined group of scholars have collected together the hitherto scattered materials, insisting that this is the only way in which these materials can be understood; and have claimed that despite the apparent diversity they
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Restitution has always been part of the common law. Yet in recent years a startling transformation has taken place: an active and determined group of scholars have collected together the hitherto scattered materials, insisting that this is the only way in which these materials can be understood; and have claimed that despite the apparent diversity they
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1996
Abstract The first Award that decided a claim of unjust enrichment was Benjamin R. Isaiah v. Bank Mellat. In that case, the claimant established that he was the beneficial owner of funds used to purchase a bank check drawn in January 1979 by the respondent bank’s predecessor, which check was subsequently dishonored for insufficient funds.
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Abstract The first Award that decided a claim of unjust enrichment was Benjamin R. Isaiah v. Bank Mellat. In that case, the claimant established that he was the beneficial owner of funds used to purchase a bank check drawn in January 1979 by the respondent bank’s predecessor, which check was subsequently dishonored for insufficient funds.
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A Systematic Approach to 'Unjust' and 'Unjustified' Enrichment [PDF]
Oxford Journal of Legal Studies, 2003 The law of enrichment addresses situations of misplacing wealth. It is not clear in English law whether the restitutionary claim in enrichment requires an ‘unjust’ or an ‘unjustified’ transfer of wealth. The author argues that the two adjectives indicate the existence of two claims, which differ in their structures and aims.
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Unjust Enrichment and Change of Position
Maastricht Journal of European and Comparative Law, 2004Unjust enrichment is a highly debated and complex legal device, which gives rise to multiple legal problems. One of the difficulties arising within the law of unjust enrichment is that of the security of receipt of the debtor. Contrary to contractual obligations, the debtor of the legal obligation to make restitution is not always aware of the ...
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Corrective justice and unjust enrichment
University of Toronto Law Journal, 2012An important theoretical account of private law explains it in terms of corrective justice. Ernest Weinrib in particular has argued that private law is the instantiation of a particular form of corrective justice; one which invests the Aristotelian notion with elements of Kant’s concept of right.
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2008
The objective of this book is to enable both practitioners and students to gain a full understanding of the law of restitution and its place in the wider law of civil obligations. To this end, the book contains extracts from important cases as well as extracts from the writings of leading scholars.
Barker, Kit, Grantham, Ross
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The objective of this book is to enable both practitioners and students to gain a full understanding of the law of restitution and its place in the wider law of civil obligations. To this end, the book contains extracts from important cases as well as extracts from the writings of leading scholars.
Barker, Kit, Grantham, Ross
openaire +3 more sources