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Canadian Journal of Law & Jurisprudence, 2011
The article is a critique of Ernest Weinrib’s attempts to explain the structure of unjust enrichment law according to his theory of corrective justice. The plausibility of Weinrib’s account of unjust enrichment is of critical importance to his claim that corrective justice is a theory of private law in general.
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The article is a critique of Ernest Weinrib’s attempts to explain the structure of unjust enrichment law according to his theory of corrective justice. The plausibility of Weinrib’s account of unjust enrichment is of critical importance to his claim that corrective justice is a theory of private law in general.
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Oxford Journal of Legal Studies, 2009
That there exists a law of restitution concerned with reversing unjust enrichments is widely considered to be uncontroversial. However, the once orthodox view that unjust enrichment explains all instances of restitutionary liability is fast becoming a minority position. Indeed, the ability of ‘unjust enrichment’ to account for all restitutionary claims
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That there exists a law of restitution concerned with reversing unjust enrichments is widely considered to be uncontroversial. However, the once orthodox view that unjust enrichment explains all instances of restitutionary liability is fast becoming a minority position. Indeed, the ability of ‘unjust enrichment’ to account for all restitutionary claims
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Natural obligations and unjust enrichment
2010Though the term has largely fallen out of use and the underlying concept may strike some as anachronistic, it is natural to think of Michael Bryan as a gentleman. Cardinal Newman famously spoke of one ‘mainly occupied in … removing the obstacles which hinder the free and unembarrassed action of those about him’.
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Private law, public right, and the law of unjust enrichment
Jurisprudence, 2021Andrew Botterell
exaly