Category Archives: Unjust enrichment

Call for Papers: ‘State Accountability under Private, Public, and International Law’: London School of Economics and Political Science, 9 November 2019

The accountability of states for unlawful actions they commit or wrongful losses they inflict presents theoretical and practical challenges. For instance, the applicability of certain doctrines is contested; the line between a wrongful or unlawful action, and a permitted one, can be blurry; and procedural hurdles can frustrate potential claims. This conference, which will be […]

Crettez and Deloche, ‘A Law-and-Economics Perspective on Cost-Sharing Rules for a Condo Elevator’

ABSTRACT How to enhance the maintenance, repair and improvement of condo buildings? We address this issue by focusing on the case of an elevator installation whose benefits are not uniform across units. We examine the link between majority approval and cost sharing. Relying on a cooperative game theory approach, we prove the coalitional stability of […]

Eldridge and Pilkington, ‘Before the High Court – Discharged Contracts and Quantum Meruit: Mann v Paterson Constructions Pty Ltd

ABSTRACT Should a claimant be entitled to maintain a claim for restitution in respect of work carried out under a contract that is subsequently discharged for breach or repudiation? Should the claimant instead be limited to a contractual claim for damages? If a claim for restitution is maintainable in these circumstances, should the contract price […]

Steve Hedley, ‘Justice and discretion in the law of unjust enrichment’

ABSTRACT The academic theory of unjust enrichment, hypersensitive to charges that it represents ‘palm-tree justice’, aspires to a high degree of rigour and conceptual unity. The judiciary, while highly receptive to that theory, are nonetheless subject to the demand to do substantial justice in individual cases. This article reviews that tension in contemporary theory and […]

Lauren Scholz, ‘Privacy Remedies’

ABSTRACT When consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the […]

Orestis Sherman, ‘Fine-tuning FHR

INTRODUCTION On 16 July 2014, Lord Neuberger handed down the unanimous judgment of the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners LLC. The question faced by the seven Law Lords was whether or not a bribe or secret commission received by a fiduciary during his undertaking is subject to a constructive […]

‘Calibrating the Disgorgement Remedy for Design Patent Law’

Pamela Samuelson and Mark P Gergen, The Disgorgement Remedy of Design Patent Law, 108 California Law Review (forthcoming, 2020), available at SSRN. The law of design patents continues to evolve in dramatic ways. The law of remedies must also adapt to serve the underlying goals of design patent law and restitution. In creating and interpreting […]

Pietro Sirena, ‘The Rules about Restitution in the Proposal on a Common European Sales Law’

ABSTRACT Under the point of view of restitution law, the proposal on a Common European Sales Law, Part VII, draws a parallel between terminated and avoided contracts, which is much more convincing that the binary model followed by the Draft Common Frame of Reference (DCFR). It is, however, necessary to make this set of rules […]

Ellen Gordon-Bouvier, ‘Crossing the boundaries of the home: a chronotopical analysis of the legal status of women’s domestic work’

ABSTRACT Women’s domestic work is largely deemed to be a ‘labour of love’ and lacking any value outside the private family. This reflects an ‘ideology of domesticity’, whereby women’s natural place is deemed to be in an imagined private sphere. In this paper, I examine the status of housework in the context of asserting property […]

KV Krishnaprasad, ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance Plc [2015] UKSC 33′

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 Ltd, insurers could be held liable for […]