Category Archives: Unjust enrichment

Just published: The Impact of Equity and Restitution in Commerce (Devonshire and Havelock eds)

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the […]

Tatiana Cutts, ‘Dummy asset tracing’

Introduction … I argue here that efforts to subsume bank payments within an homogenous law of tracing have been misguided: a bank transfer does not involve a rights-substitution of the kind envisaged by exchange product tracing. Rather, the process that we have called ‘tracing money’ through a bank transfer involves two steps: (i) converting bank […]

‘The Latest Word on Unjust Enrichment’

“This is an important decision for everyone who comes across equitable relief in their practice. In March 2017 a divided panel of the Ontario Court of Appeal in Moore v Sweet overturned a finding of unjust enrichment on the ground there was a ‘juristic reason’ for the enrichment. The decision was appealed. On 23 November […]

Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd

“The High Court has dismissed an appeal against a decision of the Full Federal Court of Australia regarding the principles governing the causal link required for the imposition and calculation of an account of profits where profits were made by a knowing participant in a dishonest and fraudulent breach of fiduciary duty, and has allowed […]

Jo Braithwaite, ‘Thirty years of ultra vires: Local authorities, national courts and the global derivatives markets’

Abstract Between 1987 and 1989, Hammersmith and Fulham London Borough Council entered into nearly 600 derivatives transactions. In 1991, the House of Lords held that it lacked the capacity to do so and the contracts were therefore void. Taking this landmark litigation as its starting point, this article seeks to explain the persistence and evolution […]

Seaman, Cotter, Love, Siebrasse and Suzuki, ‘Lost Profits and Disgorgement’

Abstract This book chapter addresses two types of monetary remedies for patent infringement: (1) recovery of the patentee’s lost profits and (2) disgorgement of the infringer’s profits. Both remedies make a comparison between what actually happened and a hypothetical ‘but for’ world in which no infringement occurred. But the two remedies have substantially different objectives: […]

Robert Stevens, ‘The unjust enrichment disaster’

“The decisions of the UK Supreme Court in Revenue and Customs Commissioners v Investment Trust Companies and Lowick Rose LLP v Swynson Ltd have retreated from a more expansive approach to the law of restitution. Although these cases are to be warmly welcomed, the court is unable to articulate why the kinds of limitations on […]

Paul Buckle, ‘Another wrong turn? The rule in Hastings-Bass in Guernsey’

Abstract In this article, Paul Buckle explores the way in which the jurisdiction of Guernsey has reacted to the Supreme Court’s recasting of the rule in Hastings-Bass, with particular focus on the case of M v St Annes Trustees Limited. € Paul Buckle, Another wrong turn? The rule in Hastings-Bass in Guernsey, Trusts and Trustees, […]

Nikolaos Davrados, ‘Demystifying Enrichment Without Cause’

Abstract This Article explores two mysteries surrounding the theory of enrichment without cause that still bedevil scholars and the courts – the theory’s foundation and its scope of application. Part I examines the history, characteristic features, and underlying principles of enrichment without cause as a source of obligations and a special expression of the more […]

‘Fore! Wayward golf winnings, restitution of mistaken payments, and interceptive substraction’

“Last month, English golfer Tommy Fleetwood came twelfth in The Open golf championship. Earlier this month, Thomas Fleetwood had the St£120,000 (US$154,480, €133,000) winnings deposited in his bank account. There doesn’t seem anything exceptional in that story, so let’s try again. Last month, British golfer Tommy Fleetwood came twelfth in The Open golf championship. Earlier […]