Results 251 to 260 of about 37,555 (285)
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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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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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2023
Abstract Rethinking Unjust Enrichment collects a range of views which question the dominant position of the unjust enrichment movement. It accommodates a broad range of voices: starting with those sceptics who think that the current unjust enrichment doctrine must be seriously qualified, ending with those sceptics who think that it ...
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Abstract Rethinking Unjust Enrichment collects a range of views which question the dominant position of the unjust enrichment movement. It accommodates a broad range of voices: starting with those sceptics who think that the current unjust enrichment doctrine must be seriously qualified, ending with those sceptics who think that it ...
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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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2002
Abstract Bernard Rudden has immense range and depth. His learning stretches not only across many subjects and many jurisdictions but also deep down into history and jurisprudence. Few legal scholars can emulate either his intimate knowledge of every corner of the law library or his capacity to write with equal authority on, for example ...
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Abstract Bernard Rudden has immense range and depth. His learning stretches not only across many subjects and many jurisdictions but also deep down into history and jurisprudence. Few legal scholars can emulate either his intimate knowledge of every corner of the law library or his capacity to write with equal authority on, for example ...
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Unjust Enrichment: A Comparative Analysis
The American Journal of Comparative Law, 1992the paper is on unjust ...
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Abstract This entry discusses unjust enrichment, where one entity has been enriched at another’s expense in a way the law regards as unjust. The treatment of unjust enrichment in international law varies, which is reflected in the lack of consensus among the decisions of international courts and tribunals.
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