Title: 23. Additional chapter: An outline of the law of restitution
Abstract:This chapter presents an outline of the law of restitution and the factors that might make an enrichment unjust. The law of restitution is part of the law of obligations alongside contract and tort, a...This chapter presents an outline of the law of restitution and the factors that might make an enrichment unjust. The law of restitution is part of the law of obligations alongside contract and tort, although it also includes elements of property law. The law of restitution can be seen as a response to an unjust enrichment where the defendant should not be unjustly enriched at the expense of the claimant, although the principles may extend beyond this. Unjust enrichment requires one party to have been enriched; for the enrichment to have been at the expense of the other party; and for the enrichment to have been unjust. There are defences available to the enriched party.Read More
Publication Year: 2022
Publication Date: 2022-05-09
Language: en
Type: book-chapter
Indexed In: ['crossref']
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