Peter Birks’ four-limb formula of unjust enrichment is well known. According to this formula, the plaintiff should show (a) a transfer of value from them to the defendant (aka ‘enrichment’); (b) a causal link between the defendant’s enrichment and the plaintiff (aka ‘at the plaintiff’s expense’); and (c) the existence of one of the previously-recognized restitution categories, such as mistake, undue influence, duress, incapacity, necessity, or illegality (aka ‘unjust’) …
Sagi Peari, Should No Further Books Be Written on the Law of Unjust Enrichment? (Critical Notice: The Laws of Restitution by Robert Stevens), Canadian Journal of Law & Jurisprudence. Published online by Cambridge University Press: 28 August 2024.
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