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Journal article

Mistaken payments, quasi-contracts, and the “justice” of unjust enrichment

Abstract:

The law of unjust enrichment has often been described as the law of events materially identical to a mistaken payment. By this, lawyers often mean that the cause of action in unjust enrichment is somehow shaped and grounded by the reason why the recipient of (some) mistaken payments morally ought to refund the payor. The difficulty, however, is that the normativity of mistaken payments remains a challenge to explain. This article aims to reinvigorate the view that the moral duty to return mis...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqab042

Authors


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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:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
42
Pages:
606-606
Publication date:
2021-12-24
DOI:
ISSN:
0143-6503
Language:
English
Keywords:
Pubs id:
1314306
Local pid:
pubs:1314306
Deposit date:
2022-12-10

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