Category Archives: Unjust enrichment

Acta Juridica 2019 Number 1, December 2019 – theory, contract, unjust enrichment

The challenges of private law : a research agenda for an autonomy based private law (Hanoch Dagan) The idea of a legal obligation (Nils Jansen) Remedies, repentance and the doctrine of election in South African contract law (Graham Glover) From bona fides to ubuntu : the quest for fairness in the South African law of […]

Call for Papers: ‘The Role of the Law of Unjust Enrichment in Asia’, CUHK Graduate Law Center, Central, Hong Kong, 26 June 2020

The law of unjust enrichment is more or less recognized in all modern jurisdictions. The name suggests that nobody should enrich herself at the expense of another party. Details of even very fundamental aspects of the law of unjust enrichment are, however, highly disputed everywhere. In particular, in Asia the law of unjust enrichment seems […]

Omer Pelled, ‘The Proportional Internalization Principle in Private Law’

ABSTRACT According to common conception, laws should make actors internalize all the costs and benefits of their actions to make them behave efficiently. This article shows that even when only partial internalization is possible, private law can create efficient incentives by ensuring that each actor internalizes an identical proportion of the costs and benefits. This […]

‘Symposium – A Celebration of the Work of Wendy Gordon’

Restitution, Property, and the Right of Publicity: A Tribute to Professor Wendy Gordon by Robert P Merges (2019) 99 Boston University Law Review (6) 2415 Intellectual Property Harms: A Paradigm for the Twenty-First Century by Jessica Silbey (2019) 99 Boston University Law Review (6) 2447 Brief Thoughts About If Value/Then Right by Alfred C Yen […]

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 […]