Bibliography Includes bibliographical references and index. Summary This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade.
It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.
Subject Unjust enrichment. Bibliographic information.
Property and Justice
Publication date ISBN hbk. Browse related items Start at call number: K P47 Librarian view Catkey: There is another unresolved wrinkle arising in part from the law of property. Let us develop this idea further in a three-party scenario.
- Unjust Enrichment and Lack of Consent.
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P, as the owner of the iPhone, retains his title to the iPhone. That title is never transferred to X or D. What X had before he transferred the iPhone to D was a right to possession. So even if D was enriched, it was at the expense of X and not P.
Ordley foundations of private law property tort
In the same vein, say D receives from X property held on trust for P. The receipt of the property by D is undoubtedly an enrichment, but since X was the trustee of the property, the rights over the trust property arguably came from X as the trustee instead of P as the beneficiary. In some kinds of trust it may be that the trustee itself did not have legal title. But in any case the Defendant acquires its interest from the trustee, and so gets something which the beneficiary never had. One rough and ready counter argument is that enrichment should be assessed factually, not legally.
About Unjust Enrichment
D does not have legal title to the Ming vase, yet D is arguably enriched simply by being able to display the vase in his home. In other words, enrichment focuses on the receipt of value, and there is value in the right of possession, as distinct from title.
Lack of consent as an unjust factor engenders debate at almost every level of the analysis, beginning with whether there can even be enrichment, to the wider ramifications for the law of equity and the commercial world. But it is the start of the new year, and a time to be optimistic.
This month: a straightforward case that is not. Introduction The.
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Unjust Enrichment and Contract: Tariq Baloch: Hart Publishing
Philosophical Foundations of the Law of Unjust Enrichment Robert Chambers, Charles Mitchell, and James Penner Abstract This book's chapters are devoted to the philosophical foundations of one of the most dynamic areas of private law — the law of unjust enrichment. More This book's chapters are devoted to the philosophical foundations of one of the most dynamic areas of private law — the law of unjust enrichment.
Authors Affiliations are at time of print publication. More Less.
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