Unjust Enrichment and Countervailing Obligations
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Description
This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law.
It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question.
By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.
Table of Contents
1. The Good Consideration Rule and the Obligation Rule
2. The Enrichment Explanation
3. Objections and Alternative Explanations
4. Bright-Line Rule or Flexible Exception
5. The Subsidiarity of Unjust Enrichment
6. The Obligation Rule in the 'Fairchild Enclave'
7. An Entitlement Explanation
8. A Corrective Justice Explanation
9. Consequences of the Equality Explanation
2. The Enrichment Explanation
3. Objections and Alternative Explanations
4. Bright-Line Rule or Flexible Exception
5. The Subsidiarity of Unjust Enrichment
6. The Obligation Rule in the 'Fairchild Enclave'
7. An Entitlement Explanation
8. A Corrective Justice Explanation
9. Consequences of the Equality Explanation
Product details
| Published | Jan 09 2025 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 200 |
| ISBN | 9781509966394 |
| Imprint | Hart Publishing |
| Dimensions | 234 x 156 mm |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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