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Correctively Unjust Enrichment
2009Abstract Unjust enrichment, understood as a defective transfer of value, gives rise to liability that instantiates corrective justice. As a characteristic of things of value (whether of objects or of labour), the value of the thing is an entitlement of the owner of the thing.
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2001
Abstract This chapter discusses unjust enrichment. The conceptual categories of contract and tort cover much of the range of personal obligations but do not exhaust it. Beyond them lies the residuary group characterized as ‘obligations arising from various other causes’.
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Abstract This chapter discusses unjust enrichment. The conceptual categories of contract and tort cover much of the range of personal obligations but do not exhaust it. Beyond them lies the residuary group characterized as ‘obligations arising from various other causes’.
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Unjust Enrichment’s Borderlines
Abstract This chapter discusses the borderlines around the law of unjust enrichment. It explains that unjust enrichment is still a newly emergent, and unstable, legal state, which took many hundred years to gain conceptual independence from the more well-established categories of contract, tort, and equity.openaire +1 more source
Abstract This chapter considers the borderline between contract and unjust enrichment. It argues that different types of claims in unjust enrichment have different relationships with the law of contract and. identifies how the courts can apply existing ingredients of grounds for restitution in a way that avoids borderline controversies ...
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Abstract This chapter examines the notion of the borderline between Equity and the Law of Unjust Enrichment. It explains that it is more accurate to analyse the relationship in terms of influence. Unjust Enrichment brought order and sense into analysis of the legal basis of certain Equitable jurisdictions.
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Abstract This chapter covers the borderline between the law of tort and the law of unjust enrichment. The courts have repeatedly fallen into the trap of assuming that, because a claim is within the law of unjust enrichment, it must be governed by certain rules.
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Abstract This chapter outlines the borderline between property and unjust enrichment, which varies between different legal cultures. It discusses enrichment by interference with the claimant's right in the civilian tradition, in accordance with German, South African, and Scottish law, before contrasting enrichment by interference with ...
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