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xxii, 228 pages ; 25 cm.
  • Introduction
  • The exchange capacity
  • Enrichment
  • Loss
  • Connections
  • Generalisations
  • Transactions
  • Qualification
  • Conclusion.
This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties - a claimant and a defendant - are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test - asking whether enrichment and loss arise 'but for' each other - provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.
(source: Nielsen Book Data)9781782258391 20170717
Law Library (Crown)

2. Unjust enrichment [2016]

lix, 415 pages ; 25 cm
  • Introduction
  • The nature of an action based on unjust enrichment
  • The remedy of restitution
  • Elements of unjust enrichment
  • The enrichment enquiry
  • At the expense of the plaintiff
  • The unjust enquiry
  • Negating juristic reasons
  • Mistake
  • Duress or illegitimate pressure
  • Undue influence
  • Failure of consideration
  • No intention to benefit the defendant
  • Policy-based reasons for restitution
  • Defences
  • Change of position
  • Other defences.
Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
(source: Nielsen Book Data)9781841133188 20161205
Law Library (Crown)


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