Category Archives: Unjust enrichment

Postdoctoral Research Fellowship: Comparative Unjust Enrichment: McGill University, Montréal

The Paul-André Crépeau Centre for Private and Comparative Law intends to appoint a Postdoctoral Research Fellow with effect from August 2017 or other agreed date. The position is funded by an Insight Grant from the Social Sciences and Humanities Research Council of Canada. The principal investigator is Professor Lionel Smith, researcher at the Crépeau Centre, […]

Andrew Trotter, ‘The Double Ceiling On Unjust Enrichment: Old Solutions For Old Problems’

Abstract: Unjust enrichment is not calculated to strip defendants of gain at all costs, but rather to restore to the claimant the value or rights he has unjustly lost. It can therefore only justify restitution to the extent of the claimant’s ultimate expense, or the defendant’s ultimate enrichment, whichever is lesser. Although that ‘double ceiling’ […]

Just Published: Degeling and Varuhas (eds), Equitable Compensation and Disgorgement of Profit

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial […]

Porat and Scott, ‘Can Restitution Save Fragile Spiderless Networks?’

Abstract: This Essay examines the dramatic increase in business networks in recent decades and considers whether the law can play a useful role in supporting the efficient functioning of these inter-firm relationships for coordination and cooperation. Repeat play, reputational sanctions, and norms of trust and reciprocity are the common explanations for the flourishing of networks […]

Mark Hsiao, ‘A Shift in the Objective Measure of the Time Value of Money’

Abstract: As a fact of commercial reality, the time value of money in the common law restitutionary claim is assumed to be reflected by compound interest. Such assumption is a misperception, as compound interest is a value that is independent from money. The user principle, in measuring the time value, has failed to recognise this. […]

Polinsky and Shavell, ‘Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered’

Abstract: The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered — and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers […]

‘The Future of the Law of Restitution for Unjust Enrichment in Ireland’: Niamh Connolly, Trinity College Dublin, 30 March 2017, 2pm

Dr Niamh Connolly is a lecturer at University College London, where she moved from Trinity College Dublin in 2016. Her principal research and teaching interest is in unjust enrichment law. She is interested in how Irish private law compares to that of England and Wales, and in differences in legal culture that affect the substantive […]

Kayleigh Bloomfield, ‘An Exploration of Backwards Tracing: Doctrine, Theory and Practice’

Abstract: The elusive doctrine known as ‘backwards tracing’ (tracing through payment of a debt) has had a distinct lack of academic and judicial attention due to its alleged limited significance. However, the potential impact of the decision in The Federal Republic of Brazil v Durant International Corporation (Jersey) [2015] UKPC 35, making the doctrine permissible […]

David Neuberger, ‘Twenty Years a Judge: Reflections and Refractions’

“In autumn last year, I chalked up 20 years as a judge and in autumn this year I will have become an ex-Judge. And, as my judicial adventure nears what property lawyers sometimes call its terminus ad quem, I thought that, in the best traditions of the civil service, it might be worthwhile to start […]

Alexander Loke, ‘Excusable consent in duress’

Abstract: While the illegitimate pressure theory provides a more satisfactory theoretical basis for duress in contract law than the overborne will theory, it insufficiently addresses why a victim who has given deliberated consent should be excused from contractual responsibility. The paper proposes that the additional element of ‘excusable consent’ enhances the current analytical framework: first, […]