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What’s “unjust” about unjust enrichment: an answer at last?

Abstract:

The law of unjust enrichment has been dogged by a persistent question: what explains the claimant’s entitlement to restitution from the defendant? For Professor Birks, the answer lay in appeal to the simple intuition that the payor of a mistaken payment was entitled to its return;1 but this view of the law, which principally focuses on the combination of some enrichment of the defendant and some vitiation of the claimant’s will, is not short of modern-day detractors.2 However, the leading alt...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publication website:
https://www.i-law.com/ilaw/doc/view.htm?id=415911

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
All Souls College
Role:
Author
ORCID:
0000-0003-1696-2426
Publisher:
Informa Business Intelligence
Journal:
Lloyd's Maritime and Commercial Law Quarterly More from this journal
Volume:
2021
Issue:
Part 1
Pages:
63-71
Publication date:
2021-03-12
ISSN:
0306-2945
Language:
English
Keywords:
Pubs id:
1314300
Local pid:
pubs:1314300
Deposit date:
2022-12-10

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