Private Law Theory

Abstract:
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.

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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