Category Archives: Unjust enrichment

Anthony Niblett, ‘On the efficiency of the common law: an application to the recovery of rewards’

Abstract: Richard Posner’s influence on the field of law and economics cannot be overstated. Among his many contributions, Posner offered an early conjecture that remains fascinating and controversial to this day: the idea that common law rules are more likely than legislative codes to be concerned with efficiency. In this paper, I compare the efficiency […]

Aimite Jorge, ‘Unjustified enrichment: should South Africa venture into the thick forest of passing-on defence?’

Abstract: There is usually a tension in the law of unjustified enrichment when it comes to sanctioning a defence of passing on. The concept ‘passing on’ in the law of unjustified enrichment essentially entails that the claimant has shifted onto a third party the ‘financial’ burden that is consequent upon the defendant’s unjustified enrichment. Several […]

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 […]