Private Law Theory

INTRODUCTION
… This paper will examine the traditional English position concerning such claims and contrast that doctrine with more recent developments in American and Canadian restitutionary doctrine. The principal point of comparison is that American and Canadian doctrine allows restitutionary relief in a much broader range of three-party cases. With particular reference to Canadian doctrine, it is of interest that there appear to be a substantial number of Canadian cases providing relief in situations quite similar to those found in American law. This appears to be the case notwithstanding the fact that there is no obvious evidence of American influence in the sense of reliance on American authorities in the development of Canadian law in three-party cases …

John D McCamus, Restitutionary Remedies in Three-Party Cases: A Comparative Perspective, 14 FIU Law Review 65 (2020).

First posted 2020-05-14 10:32:54