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Unjust enrichment

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

Unjust enrichment

Unjust enrichment

This is a tightly structured, clear and concise account of the law of unjust enrichment, and attempts to move away from the usage of obscure terminology inherited from the past. Over the past half-century the law of restitution has made great progress and is now widely accepted as being an indispensible core subject of the common law. However, there is still further progress to be made and this text is the first book in England to switch from restitution to unjust enrichment, and from response to event. It organises modern law around five simple questions: Was the defendent enriched? If so, was it at the claimant's expense? If so, was it unjust? The claimant must then ask what kind of rights he has and the defences he may face. This book provides a concise and stimulating introduction to the subject that will be ideal for students and specialists.