George Roach, ‘Unjust Enrichment in Texas: Is it a Floor Wax or a Dessert Topping?’

Abstract:
“… This article will show that Texas courts are not ‘comfortable’ with the law in equity. It’s always been an unusual relationship: in 1845, Texas was one of the first jurisdictions to merge courts in equity with courts at law and to provide jury trials for the former. There are three issues that highlight the courts’ discomfort. First, appellate courts dispute whether unjust enrichment is a cause of action or a remedy despite the fact that the Texas Supreme Court has acknowledged unjust enrichment as both in ten separate opinions. Second, Texas courts constrain jurisdiction in equity and therefore the safety net even though Texas law is compatible with broad jurisdiction …”

George P. Roach. 2012. “Unjust Enrichment in Texas: Is it a Floor Wax or a Dessert Topping?” ExpressO, BePress.

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