Category Archives: Unjust enrichment

Purshouse and Bracegirdle, ‘The Problem of Unenforceable Surrogacy Contracts: Can Unjust Enrichment Provide a Solution?’

Abstract The fact that surrogacy contracts are unenforceable can cause problems if a surrogate decides that she wishes to keep the child. When this happens, the intended parents cannot bring a claim in contract compelling her to give the baby up to them or even for the return of money paid to the surrogate. Intuitively, […]

Call for Papers: UCL Laws LLM student-led conference on ‘Current Issues in Restitution’, 24 March 2018

“Students currently taking the LLM module ‘Restitution of Unjust Enrichment’ have organised a conference, with the theme ‘Current Issues in Restitution’, on Saturday 24 March at the Institute of Education (IOE), 20 Bedford Way, Room 728 between 10 am – 4 pm. Attendance is open to any student (LLB level upwards) from any university with […]

Hendrik Verhagen, ‘The Policies against Leapfrogging in Unjust Enrichment: A Critical Assessment’

Abstract This article critically examines the merit of the policy reasons against leapfrogging one’s contractual counterparty in unjust enrichment. Where the benefit of a performance, which is rendered by someone (C) pursuant to a contract with his counterparty (T), ends up with someone (D) who is not a party to that contract, will the law […]

Sarah Worthington, ‘The Commercial Triple Helix: Contract, Property and Unjust Enrichment’

Abstract This chapter revisits some of the enduring controversies affecting the interface between contract, property and unjust enrichment. Unless these controversies are settled satisfactorily, the framework for commercial law will be weak. Having trawled through the detail, four points are made to assist analysis in these areas: 1. Property questions must be answered before liability […]

Victoria Stace, ‘The Law of Contribution – An Equitable Doctrine or Part of the Law of Unjust Enrichment?’

Abstract This article looks at the changes made to the equitable doctrine of contribution by the New Zealand Supreme Court in a 2016 decision, Hotchin v New Zealand Guardian Trust Co Ltd. The approach now favoured by the Supreme Court is that to establisha claim for contribution by one defendant against another, there is no […]

Golden and Sandrik, ‘A Restitution Perspective on Reasonable Royalties’

Abstract The law of restitution suggests multiple ways to improve reasonable royalty analysis in patent law. Restitution law has substantial experience in addressing issues that also appear in the assessment of reasonable royalties. These issues include problems of reasonably apportioning value among multiple contributions to an overall activity or outcome, assigning burdens of production and […]

Frederick Wilmot-Smith, ‘Should the Payee Pay?’

Abstract Other things being equal, the recipient of a mistaken payment must pay the money back. I argue that no one has given a good explanation of this rule; in particular, I argue that justifications have failed to explain why the payee is the appropriate person to fix the payor’s problem. € Frederick Wilmot-Smith, Should […]

KV Krishnaprasad, ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance plc

Abstract In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The question for the Court was whether, in the light of its earlier decision in Durham v BAI (Run off) Ltd, insurers could be held […]

Noah Vardi, ‘Unjust Enrichment in Recent So-Called “Human Rights Litigation”’

Abstract The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue ‘historical justice’ is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in […]

Yock Lin Tan, ‘Property in bribes revisited in a cross-disciplinary perspective’

Abstract Taking its point of departure from the decision of the United Kingdom Supreme Court in FHR European Ventures, this article seeks to bring cross-disciplinary perspectives to bear on the question whether an agent should hold the bribe he has received on constructive trust for his principal. Economising models are employed and the results interpreted […]