Category Archives: Unjust enrichment

Andrew Burrows, ‘In Defence of Unjust Enrichment’

ABSTRACT This article seeks to defend the law of unjust enrichment against the recent influential attacks of Robert Stevens (‘The Unjust Enrichment Disaster’ (2018) 134 Law Quarterly Review 574) and Lionel Smith (‘Restitution: A New Start?’ in Devonshire and Havelock, The Impact of Equity and Restitution in Commerce (2018), ch 5). A central argument here […]

Connell and Wilkinson, ‘Remedies when a tenant profits from unlawful sublease on Airbnb: Nice Place Property Management Ltd v Paterson

ABSTRACT In Nice Place Property Management Ltd v Paterson [2018] NZDC 20936, a New Zealand court recently ordered a tenant to pay their landlord the roughly NZ$7,500 profit that the tenant had made while subletting the premises via Airbnb in breach of their lease. The orthodox position is that an account of profit for breach […]

Tessa Cooksley, ‘The Role of Unjust Enrichment in New Zealand’

ABSTRACT This paper argues that courts should recognise unjust enrichment as a cause of action, mainly due to the structure and discipline this can bring to New Zealand’s private law. This paper explores the historical development of unjust enrichment, and its relationship to the general law of restitution. This involves an exploration of legal taxonomy, […]

Eric Descheemaeker, ‘L’enrichissement injustifié: The Reform of 10 February 2016 in a Historical and Comparative Perspective’

ABSTRACT This article explores the reform of the French law of unjustified enrichment that was effected through a government decree in 2016. It analyses the provisions of both ‘circles’ of enrichment law – recovery of undue payment and unjustified enrichment strictly so called – in their historical and comparative context, both in terms of the […]

AWPLN: ‘Fourth post for 2019: publications and conferences’

“We have become aware of the following publications: Elise Bant and Jeannie Marie Paterson, ‘Exploring the Boundaries of Compensation for Misleading Conduct: The Role of Restitution under the Australian Consumer Law’ (2019) 41(2) Sydney Law Review 155; …” (more) [Australian Women’s Private Law Network, 8 September]

Call for Papers: ‘State Accountability under Private, Public, and International Law’: London School of Economics and Political Science, 9 November 2019

The accountability of states for unlawful actions they commit or wrongful losses they inflict presents theoretical and practical challenges. For instance, the applicability of certain doctrines is contested; the line between a wrongful or unlawful action, and a permitted one, can be blurry; and procedural hurdles can frustrate potential claims. This conference, which will be […]

Crettez and Deloche, ‘A Law-and-Economics Perspective on Cost-Sharing Rules for a Condo Elevator’

ABSTRACT How to enhance the maintenance, repair and improvement of condo buildings? We address this issue by focusing on the case of an elevator installation whose benefits are not uniform across units. We examine the link between majority approval and cost sharing. Relying on a cooperative game theory approach, we prove the coalitional stability of […]

Eldridge and Pilkington, ‘Before the High Court – Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

ABSTRACT Should a claimant be entitled to maintain a claim for restitution in respect of work carried out under a contract that is subsequently discharged for breach or repudiation? Should the claimant instead be limited to a contractual claim for damages? If a claim for restitution is maintainable in these circumstances, should the contract price […]

Steve Hedley, ‘Justice and discretion in the law of unjust enrichment’

ABSTRACT The academic theory of unjust enrichment, hypersensitive to charges that it represents ‘palm-tree justice’, aspires to a high degree of rigour and conceptual unity. The judiciary, while highly receptive to that theory, are nonetheless subject to the demand to do substantial justice in individual cases. This article reviews that tension in contemporary theory and […]

Lauren Scholz, ‘Privacy Remedies’

ABSTRACT When consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the […]