Relevant bibliographies by topics / Unjust enrichment

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Academic literature on the topic 'Unjust enrichment'

Author: Grafiati
Published: 4 June 2021
Last updated: 30 July 2024

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Journal articles on the topic "Unjust enrichment"

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Smith, Lionel. "Unjust Enrichment." McGill Law Journal 66, no. 1 (2020): 165. http://dx.doi.org/10.7202/1082056ar.

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Hedley, Steve. "“Unjust Enrichment”." Cambridge Law Journal 54, no. 3 (November 1995): 578–99. http://dx.doi.org/10.1017/s0008197300097348.

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Restitution has always been part of the common law. Yet in recent years a startling transformation has taken place: an active and determined group of scholars have collected together the hitherto scattered materials, insisting that this is the only way in which these materials can be understood; and have claimed that despite the apparent diversity they are all bound together by a single notion, that of “unjust enrichment”. A great deal of attention has been paid to elaborating this notion, and to defending particular conceptions of it.
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Stoljar, Samuel. "UNJUST ENRICHMENT AND UNJUST SACRIFICE." Modern Law Review 50, no. 5 (September 1987): 603–13. http://dx.doi.org/10.1111/j.1468-2230.1987.tb01728.x.

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Джанаева, Анна, and Anna Dzhanaeva. "INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM." Journal of Foreign Legislation and Comparative Law 1, no. 6 (February 7, 2016): 0. http://dx.doi.org/10.12737/17110.

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The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.
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Saprai, Prince. "Weinrib on Unjust Enrichment." Canadian Journal of Law & Jurisprudence 24, no. 1 (January 2011): 183–204. http://dx.doi.org/10.1017/s0841820900005117.

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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. Ultimately, I argue that Weinrib’s efforts to accommodate unjust enrichment within his conception of corrective justice fail. This is in large part due to the fact that Weinrib sets himself the uphill task of both explaining unjust enrichment from its own internal perspective where the structure of liability is strict and not based on fault and justifying it in terms of his interpretation of corrective justice which is rooted in wrongdoing. The dilemma between structure and justification runs throughout Weinrib’s early and recent writings on unjust enrichment, and I argue that there is now a need to confront it.
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Webb, C. "What is Unjust Enrichment?" Oxford Journal of Legal Studies 29, no. 2 (April 30, 2009): 215–43. http://dx.doi.org/10.1093/ojls/gqp008.

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Jaffey, Peter. "Unjust Enrichment and Contract." Modern Law Review 77, no. 6 (November 2014): 983–93. http://dx.doi.org/10.1111/1468-2230.12099.

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Grantham, R. B. "DISGORGEMENT FOR UNJUST ENRICHMENT." Cambridge Law Journal 62, no. 1 (March 1, 2003): 159–80. http://dx.doi.org/10.1017/s0008197303006275.

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Virgo, Graham. "UNJUST ENRICHMENT – VALUING SERVICES." Cambridge Law Journal 70, no. 2 (June 20, 2011): 299–301. http://dx.doi.org/10.1017/s0008197311000432.

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Jaffey, Peter. "Classification and Unjust Enrichment." Modern Law Review 67, no. 6 (November 2004): 1012–31. http://dx.doi.org/10.1111/j.1468-2230.2004.00521.x.

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Dissertations / Theses on the topic "Unjust enrichment"

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Shah, Rajiv Eric. "Reasons for unjust enrichment." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/290112.

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Birks' unjust enrichment formula was intended to provide a common descriptive structure to all the instances where there was recovery. He did not, however, engage in an analysis of the various reasons why courts awarded restitution. My thesis seeks to fill this gap. I argue that without such an account Birks work is incomplete. According to Birks, for example, money and services both amounted to enrichments and so should be considered together. But there are some differences and similarities between money and services. In order to be able to group them together Birks needs to be able to say that the reasons for giving recovery in money and service cases are similar enough that they can be grouped together. The same goes for all the unjust factors. The point is, the generalisation that Birks sought to do, can only properly be done if one is attuned to the reasons why recovery is granted in each of those cases. If the reasons are similar then the generalisation makes sense. But if they are not then it does not make sense to so generalise. The argument of the thesis is that there three relevant principles to justifying unjust enrichment: the Property Principle, the Benefit-Burden Principle and the Autonomy Principle. The Property Principle states that one should not have property belonging to another. The Benefit-Burden Principle states that if one takes a benefit then one must bear the associated burdens; to put it more colloquially: you have to take the rough with the smooth. These first two principles provide reasons for considering a situation to be defective and the last principle provides a constraint for the operation of the first two. It is there to ensure that the imposition of liability will not unduly affect the autonomy of the defendant. Based on that the thesis proposes that the scope of the unjust enrichment formula be trimmed down to only cover defective transfers of money and other assets. For the other cases, a different analytical structure is needed. This is because the reasons for recovery in those cases are different.
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Seah, Weeliem. "Mistake as an unjust factor : autonomy and unjust enrichment." Thesis, University of Oxford, 2015. https://ora.ox.ac.uk/objects/uuid:736155ae-db57-4918-a3d9-a30a04fd1ec6.

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This thesis is about the law of mistake in the law of unjust enrichment. It argues that a particular, autonomy-based normative account explains and justifies the current substantive law of mistake, and goes on to suggest consequential resolutions for some of the remaining controversial areas of the law. The normative account is that the justification for recognising mistake as a reason for restitution - what makes the mistaken enrichment 'unjust' - is the value given to the personal autonomy of individuals in determining the terms on which their resources are disposed. That account explains why the law of unjust enrichment has an initial but not exclusive focus on the claimant's intention, including that it must be present, properly formed and properly effected; and for the law of mistake specifically, the account provides a coherent explanation for why the established or 'core' areas of the law appear the way they do. In relation to the still controversial areas of mistake, the same account suggests that: (i) a reasonable degree of uncertainty or doubt should deny an unjust enrichment action based on mistake; (ii) causative ignorance is neither a mistake nor should it be recognised as an unjust factor; (iii) voluntary dispositions should be considered unjust once causative mistake is established; and (iv) while the line between mistakes and mispredictions is blurred in certain circumstances, clear and sound resolutions can be structured on the basis of the autonomy-centred normative account.
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Webb, Charlie Edward James. "Property, unjust enrichment and restitution." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2316/.

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This thesis examines the law's response to defective transfers and other misapplications of assets and argues that the present variety of responses is unprincipled and fails to treat like cases alike. Sometimes, when A mistakenly transfers property to B, the law says that, because of the mistake, A's legal title to that property never left him. At other times the law says that legal title did pass to the recipient but that the mistake leads to a new equitable title to the property arising in A's favour. And at other times, the law says that A relinquishes all title to the property but has instead a personal claim against the recipient for recovery of the value of the property mistakenly transferred. These differences matter because they affect issues such as the measure and form of recovery, the impact of B's insolvency, and the availability of defences. Yet in all such cases the claimant's complaint seems to be the same: the asset was mine to dispose of and I did not consent to its passing to the defendant. If all these cases are concerned with the same question, they should all receive the same answer. Accordingly a new, uniform approach, consistent with the principles underlying such claims, will be put forward. This will then point the way to a clearer understanding of certain issues of a more fundamental nature, such as the organisation and structure of private law, the use of concepts in legal theory and reasoning, and the distinction between property and obligations.
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Lodder, A. V. M. "Principles of enrichment in the laws of unjust enrichment." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543649.

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Baloch, Tariq A. "Unjust enrichment in the contractual context." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.491586.

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Pitel, Stephen George Alexander. "Choice of law for unjust enrichment." Thesis, University of Cambridge, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.620484.

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O'Dell, Eoin. "Perspectives on property and unjust enrichment." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.616034.

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Ball, Eli Byron Stuart. "Enrichment at the claimant's expense : attribution rules in unjust enrichment." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:dc066712-fd0c-4d4f-81ad-dfbbb1805acf.

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This thesis 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 thesis 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. The law is stated as at 15 March 2014.
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Fogliani, Cory. "Unjust enrichment and employee overpayments in Western Australia." Thesis, Fogliani, Cory (2017) Unjust enrichment and employee overpayments in Western Australia. Masters by Research thesis, Murdoch University, 2017. https://researchrepository.murdoch.edu.au/id/eprint/39345/.

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Overpaid remuneration is an ordinary aspect of the employment relationship. From time to time, it happens. What is extraordinary is the lack of attention that this issue has received from the legislature, and from legal scholars. The resolution of overpayment disputes between employers and employees has been left almost entirely to the common law. This thesis looks at how employers and employees in Western Australia can use the law to resolve an overpayment dispute. It does so through the lens of unjust enrichment law. In particular, this study examines how the truck provisions in the Minimum Conditions of Employment Act 1993 (WA) and in the Fair Work Act 2009 (Cth) limit an employer’s ability to unilaterally deduct an overpayment from the pay of an employee; what an employer needs to prove in order to establish a prima facie case for restitution of an overpayment; how an employee can use the restitutionary defences to rebut the employer’s prima facie case; what strategies an employee can utilise to defend against a claim by their employer for overpaid tax or superannuation; and, the remedies that are available to an employer who is successful in an unjust enrichment-type claim against an employee. This thesis concludes that the common law is not always a practical mechanism for resolving overpayment disputes between employers and employees. This is because of the costs involved in litigating in the common law courts. This thesis recommends that the Western Australian and Commonwealth legislatures should make legislative changes in order to better facilitate the resolution of overpayment disputes that arise in an employment context. This thesis also provides some suggested wording that the legislatures could adopt to implement that recommendation.
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Scott, Helen. "Unjust enrichment by transfer in South African law : unjust factors or absence of legal ground?" Thesis, University of Oxford, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.432142.

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Books on the topic "Unjust enrichment"

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Warhaftig, Itamar. Unjust enrichment. Tel Aviv: Open University of Israel, 1999.

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Ross, Grantham, ed. Unjust enrichment. Chatswood, Australia: LexisNexis Butterworths, 2008.

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W, Neyers Jason, McInnes Mitchell, and Pitel Stephen G. A, eds. Understanding unjust enrichment. Oxford: Hart, 2004.

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Dyson, Andrew, James Goudkamp, and Frederick Wilmot-Smith. Defences in unjust enrichment. Portland, Oregon: Hart Publishing, 2016.

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Palmer, George E. Mistake and unjust enrichment. [Buffalo, N.Y.]: W.S. Hein, 1993.

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J, Beatson, and Schrage E. J. H, eds. Unjustified enrichment. Oxford: Hart Pub., 2003.

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Bar, Christian von. Unjustified enrichment. New York: Oxford University Press, 2010.

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Klimchuk, Dennis. The structure of unjust enrichment. [Toronto, Ont.]: Faculty of Law, University of Toronto, 2004.

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H, Jones Gareth, Mitchell, Charles (Charles Christopher James), editor, Mitchell Paul 1972 editor, and Watterson Stephen 1975 editor, eds. The law of unjust enrichment. London: Sweet & Maxwell, 2011.

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Simone, Degeling, and Edelman James, eds. Unjust enrichment in commercial law. Sydney: Lawbook Co., 2008.

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Book chapters on the topic "Unjust enrichment"

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Weinrib, Ernest J. "Unjust Enrichment." In A Companion to Philosophy of Law and Legal Theory, 654–65. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch47.

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Hudson, Alastair. "The Unjust Enrichment Insurgency." In Great Debates in Equity and Trusts, 48–67. London: Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-10164-8_4.

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Ibbetson, David. "Unjust enrichment and Lord Mansfield." In De rebus divinis et humanis, 193–202. Göttingen: V&R unipress, 2019. http://dx.doi.org/10.14220/9783737007313.193.

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Hudson, Alastair. "Essay – Restitution of unjust enrichment." In Equity and Trusts, 1093–103. 10th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003205784-35.

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Hudson, Alastair. "Essay: Restitution of unjust enrichment." In Principles of Equity and Trusts, 547–56. 2nd ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003123668-35.

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Birks, Peter. "Enrichment." In Unjust Enrichment, 49–72. Oxford University Press, 2005. http://dx.doi.org/10.1093/acprof:oso/9780199276981.003.0003.

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Hedley, Steve. "Unjust Enrichment." In Rethinking Unjust Enrichment, 275–316. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192874146.003.0015.

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Abstract This chapter does several things. First, it reviews the reasons why the law of restitution has traditionally been fragmented, heterogeneous, and entirely on the fringes of private law, arguing that this is no anomaly, but on the contrary is precisely what we should expect. The disunity and low status of restitution is the price we pay—and rightly pay—for the stability and importance of core subjects such as property and contract. Secondly, it recounts Peter Birks’s attempt to demonstrate the contrary, suggesting that there was a coherent and important principle of unjust enrichment, which should properly have comparable status to that of the core subjects; also the long retreat from that position in the literature, as subsequent scholarship and judicial decisions reasserted restitution’s diversity and marginality. Finally, it discusses ongoing attempts to redivide restitution into manageable chunks. I argue that the best ways of doing this will reflect the rationale of restitution, as the sweeper-up of the common law, providing rather limited assistance to those inconvenienced by the harsher rules in the core subjects, but quite deliberately posing no major challenges to those rules.
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"Unjust Enrichment." In Sanctity of Contracts in a Secular Age, 129–57. Cambridge University Press, 2019. http://dx.doi.org/10.1017/9781108348683.009.

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Weinrib, Ernest J. "Unjust Enrichment." In Corrective Justice, 185–229. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199660643.003.0007.

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Burrows, Andrew. "UNJUST ENRICHMENT." In English Private Law, 1031–114. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199661770.003.0018.

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Conference papers on the topic "Unjust enrichment"

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Lin, Wei. "Reappealing the Case of Unjust Enrichment and Its Dilemma and Resolution." In Third International Conference on Social Science, Public Health and Education (SSPHE 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200205.026.

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Budnikov, Philip O. "Topical Issues of Law Enforcement Practice in the Field of Unjust Enrichment." In XIV Итоговая студенческая научная конференция. Санкт-Петербург: Санкт-Петербургский институт (филиал) ВГУЮ (РПА Минюста России), 2022. http://dx.doi.org/10.47645/9785604755136_18.

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Kurniawan, Faizal, Erni Agustin, and Rizky Amalia. "Acknowledgement of Unjust Enrichment to Achieve Corrective Justice in the Path of Indonesian Law of Obligations Reform." In International Law Conference 2018. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0010052803960404.

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Itani, Dani, Rania Itani, and Asma Salman. "Data Analytics Monetary Crisis Impact on Legal Instruments: A remedy role of the Unjust Enrichment Theory: Case of Lebanon." In 2023 International Conference on Business Analytics for Technology and Security (ICBATS). IEEE, 2023. http://dx.doi.org/10.1109/icbats57792.2023.10111179.

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