Results 251 to 260 of about 37,921 (295)
Some of the next articles are maybe not open access.
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 ...
+4 more sources
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 ...
+4 more sources
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
+4 more sources
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
+4 more sources
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.
openaire +1 more source
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
openaire +1 more source
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
openaire +1 more source
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.
openaire +1 more source
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.
openaire +1 more source
Unjust Enrichment: A Comparative Analysis
The American Journal of Comparative Law, 1992the paper is on unjust ...
openaire +2 more sources
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 ...
openaire +2 more sources