Category Archives: Unjust enrichment

‘Unjust enrichment by failure of consideration: HKR Middle East Architects Engineering LC v English

“The Abu Dhabi Plaza (pictured left), in Nur-Sultan (formerly Astana), the capital city of Kazakhstan, is the highest building in Kazakhstan and Central Asia. It was designed by HKR Middle East (HKRME) Architects in the United Arab Emirates, whose principal was Dublin architect Jeremiah Ryan. To keep his UAE receipts beyond the reach of his […]

Alan Roxburgh, ‘Knowing receipt: a question of priorities’

ABSTRACT The recent judgment of Fancourt J in Byers v Samba Financial Group considers whether a transferee of trust assets who has taken free of the beneficiary’s proprietary interest under the applicable foreign law of property can nevertheless be exposed to personal liability under the English law of knowing receipt. The issue, as the Judge […]

Sonali Walpola, ‘After the Australia Acts: the High Court’s attitude to changing the common law (1987-2016)’

ABSTRACT The end of Privy Council appeals in 1986 was a transformative event in Australia’s common law history. This article examines the High Court of Australia’s attitude to changing common law doctrines in the period 1987-2016, covering the Mason, Brennan, Gleeson and French Courts. Throughout this period, it is shown that the Court has consistently […]

Jonathan Silver, ‘Tracing Delusions’

ABSTRACT Claims involving substitute assets are not concerned with hard-headed property rights. The process of identifying a substitute asset, the process we describe as tracing, is a normative one, not one forced upon us by any rigid rules governed by the law of property. Consequently, claims in respect of substitute assets should be determined by […]

‘Another Student Sues a University Based on COVID-Related Claims’

“Czigany Beck sued Manhattan College, alleging breach of contract, conversion, unjust enrichment, and consumer protection claims. In a recent opinion, the Southern District of New York dismissed all of Beck’s claims except for her claim for a tuition refund based on unjust enrichment. The story is familiar. Ms. Beck enrolled in college for the Spring […]

Sigurd Lindstad, ‘Benefiting from Wrongdoing and Moral Protest’

ABSTRACT Some normative theorists believe that there is a principled moral reason not to retain benefits realized by injustice or wrongdoing. However, critics have argued that this idea is implausible. One purported problem is that the idea lacks an obvious rationale and that attempts to provide one have been unconvincing. This paper articulates and defends […]

Alexander Ng, ‘The Canadian Answer to the English Dilemma: Contribution-based Approaches over a Common Intention Constructive Trust in Family Homes’

ABSTRACT Determining each other’s proprietary interests in the shared home after relationship breakdown remains hotly debated. In Stack v Dowden, Baroness Hale stated that it was possible to impute an intention that the parties could never have had, to achieve fairness. In Jones v Kernott, imputation could only operate in quantifying interests. Also, imputation is […]

‘Private State Actions to Disgorge the Wrongful Gains of Insider Trading’

Jeanne L Schroeder, ‘Taking Misappropriation Seriously: State Common Law Disgorgement Actions for Insider Trading’ (February 11, 2021) Cardozo Law School Legal Studies Research Paper No 625, available at SSRN. The disgorgement remedy strips a defendant of unjust profits. Disgorgement is gaining prominence as a civil remedy across a varied body of substantive laws, including intellectual […]

‘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 […]