Category Archives: Unjust enrichment

‘No loss, no gain, no mesne profit?’

“Wigan BC v Scullindale Global Ltd [2021] EWHC 779 (Ch). This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references …” […]

Elliot Rosenwald, ‘Rethinking the Emergency-Room Surprise Billing Crisis: Why Are Patients Liable for Emergency Care They Do Not Seek?’

ABSTRACT Emergency patients that received unrequested and unconsented to care can be held liable for the entire cost of their medical bills under the common law doctrine of restitution. This Note analyzes the problem faced by these unlucky emergency patients in the American healthcare system billed for exorbitant sums. Rosenwald argues the statutory fixes recently […]

Mitchell and Rostill, ‘Making sense of mesne profits: causes of action’

ABSTRACT The article examines a series of cases spanning a 250-year period in which the courts have awarded ‘mesne profits’ against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of […]

Steve Hedley, ‘Restitution and Car Crashes: A Simple Case of Mistake’

“Has the law of restitution and unjust enrichment become too elaborate and technical, too complicated to be useful in the general run of cases? Perhaps it has. For the past 40 years, the dynamo of doctrinal development has been the big public law disputes: first the ‘swaps’ cases, then a succession of issues over taxes […]

Peter Jaffey, ‘Restitution’

ABSTRACT This paper considers what is meant by restitution as a remedy, and it discusses the problems arising from the theory of unjust enrichment, which in general treats restitution as a remedy arising from a substantive law of unjust enrichment. In particular, it considers how payment for services and the recovery of transfers have been […]

Samsoondar v Capital Insurance and Surrey Co Co v NHS Lincolnshire CCG

“I first encountered Occam’s Razor in the writings of Peter Birks: ‘It is vain to be done with more what can be done with fewer’; or, ‘Entities are not to be multiplied without necessity’ (Peter Birks An Introduction to the Law of Restitution (OUP, revised ed, 1989) 75, citing Bertrand Russell A History of Western […]

Samuel Beswick, ‘The Overpaid Tax Litigation: Roadblocked’

ABSTRACT Over the past two decades, English courts have construed section 32(1)(c) of the Limitation Act 1980 to extend the time for pleading a cause of action in mistake of law until a decision of a final court authoritatively resolves the point of law at issue. The Supreme Court in Test Claimants in the Franked […]

‘More Student Suits Suing Universities for Breach and Unjust Enrichment’

“Last week, both Sid DeLong and I posted on the Burt case, consolidating cases against universities in Rhode Island. Those suits did not succeed, at least to the extent that they sought refunds of tuition. Claims relating to fees survived the universities’ motion to dismiss. In the comments on my post, a reader helpfully pointed […]

Liu, Avraham and Qiao, ‘Unrequested Benefits, Damages Assessment, and Information Acquisition’

ABSTRACT We investigate the interaction between the law’s prohibition of recovery for unrequested benefits, and parties’ incentives at the ex ante stage to acquire information about the harms or benefits of the activities they consider engaging in. We analyze the impact of these interactions on the efficiency ranking of two damages regimes: ex ante damages […]

Hang Wu Tang, ‘The Role of the Law of Unjust Enrichment in Singapore’

ABSTRACT Singapore’s unjust enrichment law may be described as a form of adoption with adaptation from English law, which is indicative of two phenomena: first, the idea of law as a travelling phenomenon and, second, the development of law as a circulation of ideas. In Singapore, unjust enrichment is now accepted as a distinct branch […]