Category Archives: Unjust enrichment

Mat Campbell, ‘Doubting the Subsidiarity of Unjust Enrichment’

ABSTRACT Courts and commentators frequently use the noun ‘subsidiarity’ and the adjective ‘subsidiary’ to help explain certain of unjust enrichment’s relations with other areas of law – especially property, contract, and statute. However, the vocabulary of subsidiarity is unsuited for that purpose. It should disappear from unjust enrichment discourse. After a brief introduction, this paper […]

Just Published: Research Handbook on Unjust Enrichment and Restitution (Bant, Barker and Degeling eds)

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its […]

John D McCamus, ‘Moore v Sweet: Four Lessons in Unjust Enrichment from the Supreme Court of Canada’

ABSTRACT The recent decision in Moore v Sweet provided the Supreme Court of Canada with an opportunity to provide valuable guidance concerning the capacity of the unjust enrichment analysis to ground recovery in novel cases. The opportunity was not lost. First, the Court confirmed that resort should be made to the underlying unjust enrichment principle […]

Jonathan Silver, ‘Rethinking Restitution: Will Unjust Enrichment Lawyers Join In?’

ABSTRACT In a recent article Lionel Smith has argued that there is no normative unity in most restitutionary claims that are currently thought of as being part of the law of unjust enrichment. This leads him to conclude that the generally accepted test for unjust enrichment liability is inapplicable with respect to those claims. This […]

Sinéad Agnew, Review of Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams

Stephen Waddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00. This book reinvigorates the debate about the place of substantive fairness in contract law. Its central argument is that it is time we recognised a general judicial power to relieve against highly unreasonable […]

John McCamus, ‘Moore v Sweet: Four Lessons in Unjust Enrichment from the Supreme Court Of Canada’

ABSTRACT The recent decision in Moore v Sweet provided the Supreme Court of Canada with an opportunity to provide valuable guidance concerning the capacity of the unjust enrichment analysis to ground recovery in novel cases. The opportunity was not lost. First, the Court confirmed that resort should be made to the underlying unjust enrichment principle […]

‘The Supreme Court tames but does not end disgorgement in SEC cases: Liu v SEC

“By an 8-1 vote (with Justice Thomas dissenting), the Supreme Court in an opinion by Justice Sotomayor upheld – while limiting – the SEC’s power to seek disgorgement in fraud cases. Sotomayor sets the stage as follows: ‘In civil actions, the SEC can seek civil penalties and “equitable relief” …’” (more) [ProfessorBainbridge.com, 23 June]

Rory Gregson, ‘Is subrogation a remedy for unjust enrichment?’

INTRODUCTION … So, who is right? Is subrogation a remedy for unjust enrichment or not? This article argues that subrogation is not a remedy for unjust enrichment in the sense that is usually assumed, since it is not governed by the same rules as other remedies for unjust enrichment. In light of this, judges and […]

Matthew Hoyle, ‘Failures for Consideration: Re‐Analysing Jurisdiction in Unjust Enrichment Claims’

ABSTRACT There has been little attempt to provide a full and coherent analysis of the rules governing service of a claim form out of the jurisdiction in claims concerning unjust enrichment. This lacuna has grown more noticeable since the rules were reformed in 2015, with the continuation of an excessively wide approach that had overrun […]

Matthew Harrington, ‘Leapfrogging, Risk and Unjust Enrichment in Canada after Moore v Sweet

ABSTRACT This article examines the Supreme Court of Canada’s approach to unjust enrichment in Moore v Sweet, and considers its implications for the future of restitution in Canada. It begins by providing a brief outline of the facts of the case. Thereafter, it explores the Court’s approach to the problem of deprivation and enrichment in […]