The High Court rejected a restitutionary claim in mistake on the basis that a party who pays, believing it 'more likely than not' that they do not have to pay, cannot be mistaken. In this commentary, it will be argued that the decision leaves vulnerable parties unprotected and fails ...
The House of Lords held that such a restitutionary claim for unjust enrichment succeeded. Several important points were established. First, every Law Lord held that an action for restitution did not require any loss to be suffered by a claimant. The focus is on the benefit received by th...
The common law's approach in the law of unjust enrichment is to enumerate specific 'unjust factors' as permissible causes of action in claims for restitution. This approach has come under attack, inter alia, for being unnecessarily complicated. The claim is that the civilian approach, with its...
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim arising out of a contract is nowadays generally regarded as a non-contractual, unjust enrichment claim ...
Second, regarding the structural analysis of the restitutionary claim, it argues that the question of whether "illegality" can operate as an unjust factor is more multi-faceted than at first sight appears. It also argues that English law should allow concurrent grounds for restitution.Man YIP...
Antitrust Alert: UK Court of Appeal Rejects Private Plaintiff Claim for Restitutionary Award for Cartel OffenceJonesDay
I claim that both promise-keeping and unjust enrichment are neutral between rules offering restitutionary damages and denying such awards. The significance of the results of this analysis extends beyond the specific questions at hand, since these arguments dominate many of the debates surrounding ...
Analyzing the utilitarian considerations of public interest, the property rights of the owner, and Lockean labor theory, the paper concludes that the condemnee is the only one with an cognizable claim to the surplus gains of the forced transfer....
The claim is that the civilian approach, with its single ground of absence of legal cause for the transfer, is preferable since the operative unjust factor in any particular case is irrelevant to the restitutionary response. In defence of the common law's approach, this article tenders four ...
has adopted unreasonableness clauses only in certain cases: for example, the contractor of a A compensatory claim for breach of contract would have been perfectly adequate: the same Darmerarm The German Law of Obligations, Vol 1, The Law of Contracts and Restitution:ARusch, Konrad...