The Sophistication of Unjustified Enrichment: A Response to Nils Jansen
Abstract: In this article, Professor Hector MacQueen offers a Scots law response to the recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, ‘Farewell to Unjustified Enrichment’ (2016) 20 Edinburgh Law Review 123). The author argues that unjustified enrichment provides, and continues to provide, a useful ‘generalising’ concept, the creative effects of which are far from spent (at least in Scotland).
€ – Edinburgh Law Review, Volume 20 Issue 3, Page 312-325
‘Farewell to Unjustified Enrichment?’ – A Common Law Response
Abstract: In this article, Professor Steve Hedley offers a Common Law response to the recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, ‘Farewell to Unjustified Enrichment’ (2016) 20 Edinburgh Law Review 123). The author takes the view that Jansen’s paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.
€ – Edinburgh Law Review, Volume 20 Issue 3, Page 326-337
First posted 2016-08-26 07:23:33
Leave a Reply