Category Archives: Unjust enrichment

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 […]

Winterton and Pilkington, ‘Mann v Paterson Constructions Pty Ltd: The Intersection of Debt, Damages and Quantum Meruit

ABSTRACT The High Court’s decision in Mann v Paterson Constructions Pty Ltd (2019) 373 ALR 1 raised several fundamental questions of legal principle regarding the relationship between the law of contract and the law of restitution in Australia. Many important propositions emerge from the case. Perhaps the most controversial is that where a contract for […]

‘Unjust Enrichment and Misappropriation of Trade Secrets under Delaware Law’

“In 250ok, Inc v Message Systems, Inc, plaintiff alleged breach of contract, unjust enrichment, and misappropriation of trade secrets. The issue addressed in the opinion is straightforward, and it doesn’t seem like a hard case. Delaware’s Uniform Trade Secrets Act (DUSTA) ‘displaces conflicting tort, restitutionary and other law of this State providing civil remedies for […]

Aimite Jorge, ‘Unjustified enrichment: should South Africa venture into the thick forest of passing-on defence?’

ABSTRACT There is usually a tension in the law of unjustified enrichment when it comes to sanctioning a defence of passing on. The concept ‘passing on’ in the law of unjustified enrichment essentially entails that the claimant has shifted onto a third party the ‘financial’ burden that is consequent upon the defendant’s unjustified enrichment. Several […]

Agnieszka Kawałko, ‘Limitation of Claims of the Autonomous Possessor for Reimbursement of Expenditures Made on an Object’

SUMMARY The subject of considerations in this article is limitation of the possessor’s claims for reimbursement of expenditures made during the period of possession. Due to the fact that the provisions of the Civil Code in Art 229 provide for one general limitation period for supplementary claims of the owner and for claims of the […]

Visser and Whitty, ‘The Role of Interest in Unjustified Enrichment Claims’

ABSTRACT This essay addresses the question: when should pre-citation interest be awarded in actions for unjustified enrichment in Scots law? The answer depends mainly on the definition of the elements of enrichment liability, the manner of acquiring the enrichment, the type of enrichment-debtor, and his or her state of mind. The essay argues that (a) […]

Samuel Beswick, ‘Error of Law: An Exception to the Discoverability Principle?’

ABSTRACT Under Canadian common law, the limitation principle of discoverability applies to errors of fact, but not to errors of law. This error-of-law exception is a problematic doctrine. It appears to resurrect the ostensibly defunct fact/law distinction in civil claims. It stands in contrast to contemporary English precedent on the discoverability of mistakes of law. […]

Sabrina Nanchahal, ‘“But We’ve Spent the Money”: Defending Overpaid Tax Claims under English and German Law’

ABSTRACT Despite extensive litigation concerning restitution claims against the tax authority in the English courts, the role and parameters of the change of position defence have not been satisfactorily established in this context. German law provides a clear example of how these issues can be addressed within a public law restitution framework. This article explores […]

English and Hafeez‐Baig, ‘Tracing, Mixing, and Innocent Claimants’

ABSTRACT Faced with the problem that arises where multiple innocent claimants have contributed to a mixed fund that is now insufficient to meet all of their claims, English and Australian courts have suggested three solutions: (i) the rule in Clayton’s Case; (ii) the ‘simple pari passu’ approach; and (iii) the ‘rolling charge’ or ‘North American’ […]

‘Three reflections on the role of policy in the law of restitution for unjust enrichment’

“The recent decision of the Court of Appeal for England and Wales in Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 (09 December 2020) has prompted me to reflect, briefly, on the role of policy in the law of restitution for unjust enrichment. In this post, I will consider that role in the […]