Category Archives: Unjust enrichment

Ooi and Peng, ‘Cryptocurrencies and Code Before the Courts’

INTRODUCTION In the rapidly developing cyber sphere dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments leaving the law behind as an afterthought. B2C2 Ltd v Quoine Pte Ltd (‘B2C2’) 1 may serve as a timely reminder of the importance of the legal principles supporting e-commerce […]

Mann v Paterson Constructions Pty Ltd

“A majority of the High Court has allowed an appeal from the Victorian Court of Appeal, holding that a builder was entitled to sue for restitution upon a quantum meruit in relation to a terminated building contract insofar as that stage of the contract was not completed, but otherwise, a quantum meruit could not be […]

Hofri-Winogradow and Weiss, ‘Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform’

ABSTRACT This article shows that parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision-making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings-Bass to rescission in equity. We show this advantage to be normatively unjustified, and […]

‘AWPLN: Fifth post for 2019: News and Publications’

“We are up to our penultimate post for 2019! Publications: We have become aware of the following publications in private law: Renae Barker and Robyn Carroll, ‘How might an apology feature in the new religious freedom bill?’ The Conversation (10 September 2019); …” (more) [Australian Women’s Private Law Network, 5 November]

Mark Belshaw, ‘Fiduciaries, bribes and constructive trusts – a policy-based justification’

ABSTRACT The Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC [2015] AC 250 made clear that a fiduciary who breaches his fiduciary duties by receiving a bribe will hold that bribe on constructive trust for his principal. This article suggests that the law’s response to a breach of fiduciary duty is […]

Uglješa Grušić, ‘Unjust Enrichment and the Brussels I Regulation’

ABSTRACT This article examines how the jurisdictional rules of the recast of the Brussels I Regulation, namely the rules of exclusive jurisdiction for immovable property and company law and governance matters and the rules of special jurisdiction for contracts and torts, deal with unjust enrichment claims and issues concerning unjust enrichment. It also asks whether […]

‘A tale of two townhouses and quantum meruit: Mann v Paterson Constructions Pty Ltd

“The facts of this case will not strain the imagination of anyone with experience of domestic building work. Angela and Peter Mann engaged Paterson Constructions to build two townhouses in Blackburn, in suburban Melbourne. The parties fell into dispute when the builder claimed nearly $50,000 for additional work. The Manns claimed the builder refused to […]

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, […]