Unjust enrichment and the role of legal history in England and Australia

Swain, Warren (2013) Unjust enrichment and the role of legal history in England and Australia. University of New South Wales Law Journal, 36 3: 1030-1052.

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Author Swain, Warren
Title Unjust enrichment and the role of legal history in England and Australia
Journal name University of New South Wales Law Journal   Check publisher's open access policy
ISSN 0313-0096
1839-2881
Publication date 2013
Year available 2013
Sub-type Article (original research)
Open Access Status
Volume 36
Issue 3
Start page 1030
End page 1052
Total pages 23
Editor Emily Burke
Giridhar Kowtal
Guy Baldwin
Place of publication Sydney, Australia
Publisher University of New South Wales, Faculty of Law
Collection year 2014
Language eng
Subject C1
180105 Commercial and Contract Law
Abstract Private law evolves slowly over decades or even centuries. Without the benefit of hindsight it is not always obvious that any change has taken place at all. Yet this observation does not inevitably hold true. The emergence of unjust enrichment in the final decades of the twentieth century is a clear counterexample. Little more than a generation has passed since Lord Diplock could state that 'there is no general doctrine of unjust enrichment recognised in English law'. In England such remarks would now be all but impossible. What was once an academic backwater has assumed great importance in claims involving enormous sums of money. The decision which gave unequivocal judicial approval to unjust enrichment as a distinct legal category in England has not yet celebrated its 25th birthday. Judicial recognition of unjust enrichment was also late in coming in the High Court of Australia and the New Zealand Court of Appeal. The Supreme Court of Canada was more prescient in this regard, but the law in that jurisdiction has veered off in a very different direction to the rest of the Commonwealth.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Thu, 12 Dec 2013, 12:19:43 EST by Carmen Buttery on behalf of T.C. Beirne School of Law