Category Archives: Unjust enrichment

Suri and Wróbel, ‘Identifying factors affecting salvage rewards of crewless vessels – lessons from a case study’

ABSTRACT The disruptive technology which is proposed to allow for unmanned or autonomous operations has garnered attention both on land and at sea. The lack of a crew on board poses interesting and complex challenges for the operations of sea-going vessels. Our study dwells into one such challenge, i.e. the issue of determining a salvage […]

Samuel Beswick, ‘Strike-out Appeals, Unjust Enrichment, and Discoverability: Insights from Kenya: Alba Petroleum Ltd v Total Marketing Kenya Ltd [2019] eKLR, Civ App 43 of 2015′

ABSTRACT This note analyses a judgment of the Kenyan Court of Appeal that implicates issues that have been on the move in private law jurisprudence around the common law world. These issues are: (1) the interlocutory/final ruling distinction that appellate courts in Australia, Canada, Ghana, India, New Zealand, and elsewhere continue to grapple with; (2) […]

Tsui and Wong, ‘Duty to Rescue? No Duty to Rescue? Shall you Pay for it?’

ABSTRACT This article is divided into three parts: The first part discusses the principle of the ordinary law, inter alia, under the law of tort, in particular, why it is not appropriate to impose on persons without presumed duties to be responsible for death of certain individuals under some instances. The second part discusses why […]

Rebecca Lee, ‘Towards a unified doctrine of mistake?’

ABSTRACT The concept of mistake permeates various areas of private law and performs a similar function in relieving errors in each. This article reviews the operation of the doctrine of mistake in different substantive areas of law, including contract, unjust enrichment and equity, and argues that the similarities in terms of the requirements for establishing […]

Andrew Dickinson, ‘W(h)ither Unjust Enrichment? Border Disputes In The Conflict Of Laws (Again)’

Hrvatske Šume v BP Europa. Under the European Union (Withdrawal) Act 2018, s 6, a court or tribunal in the United Kingdom ‘may have regard’ to decisions of the Court of Justice of the European Union delivered after 31 December 2020 so far as they are relevant to any matter to be decided, although it […]

Walpole and Barker, ‘Unjust Enrichment in Australia 2018-2019’

ABSTRACT A digest, summary and commentary on Australian case law on unjust enrichment and restitution in the years 2018 and 2019. Key cases considered include Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] HCA 43 and Mann v Paterson Constructions Pty Ltd [2019] HCA 32. Walpole, Samuel […]

Stair Memorial Encyclopaedia: Law of Unjustified Enrichment – Niall Whitty: virtual event, 29 April 2022

The Edinburgh Centre for Private Law celebrates the publication of ECPL member Honorary Professor of Edinburgh Law School Niall Whitty’s groundbreaking work on the Law of Unjustified Enrichment that has recently been published as part of the ‘Stair Memorial Encyclopaedia’ (available on LexisNexis) … (more)

‘Restitution and Reasonableness Review: Ontario Addiction Treatment Centres v Canada (Attorney General), 2022 FC 393′

“The application of the principles of restitution/unjust enrichment to overpayments of tax in Canada is in a muddled state. The problem arises where a taxpayer overpays on the basis of a mistake of law or a mistake of fact, a capacious set of categories which can include mistakes about the lawfulness or applicability of a […]

Pravovedenie, special number on Polish private law

Selected institutions of the General part of the Polish Civil Code (Krzysztof Mularski) The key institutions regulated in book one (the General part) of the Polish Civil Code (Jarosław Grykiel) Property law in Poland (Karol Szadkowski) Law of obligations in Poland: Selected issues (Adam Olejniczak) Companies in Polish law (Maciej Mataczyński and Adrian Rycerski) The […]

Peari and Golestani, ‘A Theory of Frustration and Its Effect’

ABSTRACT One of the key legal questions that COVID-19 has raised relates to the status of the traditional contractual doctrine of frustration. The pandemic and the ongoing lockdowns across the globe have made it difficult for many contracts to perform. At the same time, there is a deep doctrinal and conceptual confusion with respect to […]