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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
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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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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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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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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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Private law, public right, and the law of unjust enrichment
Jurisprudence, 2021Andrew Botterell
exaly