Private Law Theory

ABSTRACT
This article evaluates the impact of Birksian themes through a comparative lens. It is shown how, unlike the English courts, the Singaporean courts have accepted ‘lack of consent’ as an unjust factor, held that actions for restitution of mistaken , being based on unjust enrichment, fall outside the scope of the Limitation Act, and accepted Birks’ lack-of-intention analysis of the resulting trust. On these points, perhaps surprisingly, one could even say that Birks’ thinking has found greater traction in Singaporean private law than in its English counterpart. To explain this observation, five possible reasons are ventured.

Leow, Rachel and Liau, Timothy, Birksian Themes and Their Impact in England and Singapore: Three Points of Divergence (October 23, 2021). [2021] Lloyds Maritime and Commercial Law Quarterly 350, https://www.i-law.com/ilaw/doc/view.htm?id=418780.

First posted 2021-10-26 10:00:16