Aisha Shah, ‘Unjust enrichment and proprietary restitution’

“This article seeks to answer the question of when an unjust enrichment leads to a proprietary response in the form of a resulting trust. Whether a proprietary response is available in response to unjust enrichment is significant for a number of reasons. One of the main advantages of proprietary restitution is that it gives a claimant priority at insolvency against other creditors, but there are a number of other important advantages as well. For example, the claimant can make use of equity’s more advantageous tracing rules, recover his property and assert personal claims against third party recipients, and also take the benefit of increases in value of property that represents the traceable proceeds of his property. However, the question of when and why an unjust enrichment leads to proprietary restitution remains to be answered …”

€ (Westlaw)

Aisha Shah, ‘Unjust enrichment and proprietary restitution’ (2021) Conveyancer and Property Lawyer (4) 352-364.

First posted 2021-12-06 13:10:01

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