A normative account of defences to restitutionary liability

Grantham, Ross and Rickett, Charles (2008) A normative account of defences to restitutionary liability. Cambridge Law Journal, 67 1: 92-125. doi:10.1017/S000819730800007X

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Author Grantham, Ross
Rickett, Charles
Title A normative account of defences to restitutionary liability
Journal name Cambridge Law Journal   Check publisher's open access policy
ISSN 0008-1973
Publication date 2008-03-01
Sub-type Article (original research)
DOI 10.1017/S000819730800007X
Open Access Status
Volume 67
Issue 1
Start page 92
End page 125
Total pages 34
Editor David J. Ibbetson
Place of publication London, U.K.
Publisher Cambridge University Press
Language eng
Subject C1
180105 Commercial and Contract Law
940401 Civil Justice
Abstract The modern law of unjust enrichment is unique in many respects. In one sense, it is the newest and most significant development in the private law for a very long time. While it can claim ancient roots, as a discrete body of law unjust enrichment has only emerged from the long shadows of the law of contract in the last 20 years. The development and content of the law of unjust enrichment has, to a greater extent than perhaps anywhere else in the private law, been driven and shaped by academic rather than judicial influences. The law of unjust enrichment is also distinguished from the other principal heads of civil obligation in that its focus is on stripping the defendant of gains made rather than making good losses suffered by the plaintiff. Perhaps most controversially, the role or function of unjust enrichment may differ from the other principal parts of the private law in that the source of the entitlement protected is not found within the law of unjust enrichment, but in other areas of the law.
Keyword Unjust enrichment law
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes 1/Paper No. 08-01

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Created: Sat, 18 Apr 2009, 03:12:18 EST by Vivianne Mulder on behalf of Faculty of Business, Economics & Law