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“Farewell to Unjustified Enrichment?” – A Common Law Response
Edinburgh Law Review, 2016In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123).
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The Cambridge Law Journal, 1934
When we contemplate the havoc which has been wrought in the field of English law by the enunciation of maxims of a rhetorical character —some of which are of uncertain origin and still more uncertain operation—it may, perhaps, seem strange that our law is so unreceptive when it comes to be a question of applying a broad general principle such as that ...
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When we contemplate the havoc which has been wrought in the field of English law by the enunciation of maxims of a rhetorical character —some of which are of uncertain origin and still more uncertain operation—it may, perhaps, seem strange that our law is so unreceptive when it comes to be a question of applying a broad general principle such as that ...
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Illegal Contracts and Unjustified Enrichment
Edinburgh Law Review, 2000If a contract is treated as an illegal contract, the contracting parties are denied the contractual remedies which would normally be available to them on breach of contract. The contract may, however, have been partially performed. For example, one contracting party may have delivered goods and received no payment from the other contracting party.
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2011
Nel v Jonker [2011] ZAWCHC 5 (17 February 2011) an unreported judgment discussed in 2011 Annual Survey 1257 and which dealt with maintenance paid in respect of a child which was later shown to be unrelated to the plaintiff, and the condictio indebiti , has in fact now been reported as MN v AJ 2013 (3) SA 26 (WCC).
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Nel v Jonker [2011] ZAWCHC 5 (17 February 2011) an unreported judgment discussed in 2011 Annual Survey 1257 and which dealt with maintenance paid in respect of a child which was later shown to be unrelated to the plaintiff, and the condictio indebiti , has in fact now been reported as MN v AJ 2013 (3) SA 26 (WCC).
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The Principle Against Unjustified Enrichment
2006Abstract A celebrated abstraction is the maxim from the Digest that no one should be enriched at another’ s expense. The late scholastics and then the northern natural lawyers thought that this principle could explain the law of unust enrichment.
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The Subsidiarity of Unjustified Enrichment
Abstract The chapter explores the subsidiarity of unjustified enrichment as a general legal doctrine that assigns restitutionary claims a subordinate role within an hierarchical framework, where remedies arising from contract, tort, and property law take precedence.openaire +1 more source
Unjustified Enrichment, Subsidiarity and Contract
2009INTRODUCTION Until recently one could say with some confidence that acceptance of a general principle against unjustified enrichment was one of the hallmarks of a Civilian system of law. The emergence in Common Law systems of “unjust enrichment” as an important head within the law of obligations has qualified but not altogether eliminated the truth ...
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Towards a European Law of Unjustified Enrichment
Osservatorio del diritto civile e commerciale, 2012Though historically recent, a European law of unjustified enrichment is already existing and embraces both contractual and extra-contractual restitution, which however are governed by different rules and shall not therefore lose their own specificity.
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Unjustified enrichment in the Chinese Civil Code: questions from the common law
Asia Pacific Law Review, 2021Zhicheng Wu
exaly