Peter Jaffey, ‘Unjust Enrichment and Contract’

Benedetti v Sawiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the role of agreement and conflates transfer and exchange, and that a contractual analysis of the case would make the issues clearer and easier to resolve.

Peter Jaffey, Unjust Enrichment and Contract. Modern Law Review, Volume 77, Issue 6, pages 983–993, November 2014, DOI: 10.1111/1468-2230.12099. Article first published online: 3 NOV 2014.

First posted 2014-11-04 07:25:13

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