“The underlying basis, or bases, of the law of restitution has been a greatly unsettled topic in the common law for a long time. From about 1990, the common law of England and Wales began to accept that a principle of unjust enrichment was the basis of the subject; unwarranted benefits obtained by a defendant should be surrendered to the claimant. By 2007, English law had become committed to the principle, and it has continued to expand since then as a mechanism that potentially scrutinises all potential increases in another’s wealth where the claimant can establish a sufficient connection to that increase. In contrast, Australian common law first waxed, then waned, on the principle …” (more)
First posted 2016-04-06 16:52:18
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