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The Role of Interest in Unjustified Enrichment Claims
Edinburgh Law Review, 2021This essay addresses the question: when should pre-citation interest be awarded in actions for unjustified enrichment in Scots law? The answer depends mainly on the definition of the elements of enrichment liability, the manner of acquiring the enrichment, the type of enrichment-debtor, and his or her state of mind. The essay argues that (a) generally
Daniel Visser, Niall R Whitty
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Unjustified Enrichment in China: An Uncertain Path
2023Abstract This chapter analyses the judicial approach adopted by Chinese courts, particularly the Supreme People’s Court, in developing a critical foundation for the law of unjustified enrichment in China. It reveals that considerable uncertainty remains with the ‘absence of basis’ approach and that flexible yet elusive notions such as ...
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Unjustified Enrichment in Comparative Perspective
2006Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems.
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The German Law of Unjustified Enrichment and Restitution
2009AbstractThis book provides a description of the German law of unjustified enrichment. It explains how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful ...
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The Doctrine of Unjustified Enrichment
The Cambridge Law Journal, 1934The origin and growth in continental law of the doctrine of unjustified enrichment is not merely an object lesson of the greatest importance to comparative lawyers. It is also of peculiar interest to English lawyers because it affords an admirable illustration of the working of the system of precedent in the continental countries.
H. C. Gutteridge, R. J. A. David
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A Systematic Approach to 'Unjust' and 'Unjustified' Enrichment [PDF]
Oxford Journal of Legal Studies, 2003 The law of enrichment addresses situations of misplacing wealth. It is not clear in English law whether the restitutionary claim in enrichment requires an ‘unjust’ or an ‘unjustified’ transfer of wealth. The author argues that the two adjectives indicate the existence of two claims, which differ in their structures and aims.
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