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 questions. The location of legal title and the existence of derivative interests (both common law possessory interests and equitable security and trust interests) must be settled before considering liability questions …
Worthington, Sarah, The Commercial Triple Helix: Contract, Property and Unjust Enrichment (January 1, 2018), in P Devonshire and R Havelock (eds), The Impact of Equity and Restitution in Commerce (Hart Publishing), forthcoming; University of Cambridge Faculty of Law Research Paper No 7/2018.
First posted 2018-01-20 06:13:30
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