Category Archives: Unjust enrichment
The Subsidiarity of Unjust Enrichment (European Review of Private Law)
Subsidiarity of Unjust Enrichment: A Threat to Legal Certainty? (Elena Bargelli) The Subsidiarity of Unjust Enrichment: An Anglo-Scots Perspective on Corte di Cassazione, Sezioni Unite, Decision Number 33954 of 5 December 2023 (Mat Campbell) Comments from a German Law Perspective (Gerhard Dannemann) The Subsidiarity of Unjustified Enrichment in Latin America: Italian Case Law under the […]
Weiming Tan, ‘Fiduciary powers, inadequate deliberation, and rescission of voidable transactions’
INTRODUCTION In what was his last decision as a Justice of the Supreme Court, Lord Walker delivered the judgment of Pitt v Holt. Amongst other issues, the judgment re-examined the ‘rule in Hastings-Bass’. Twelve years on, the Privy Council in Ashley Dawson-Damer v Grampian Company Trust Ltd was called upon to further clarify Lord Walker’s […]
Sue Carr, ‘Unjust Enrichment: Is There a General, Underlying Theory?’
INTRODUCTION In 1939, a twice-weekly series of lectures was given, each two-hours long and unscripted, not far from here in a turret room, no doubt, in King’s College, just along the Backs from here. They were given by the Austrian philosopher Ludwig Wittgenstein, on the foundations of mathematics. Amongst many others, they were attended by […]
Martha Ertman, ‘Do-It-Yourself Reparations’
ABSTRACT The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white […]
Yuksel Calli, ‘Unjust Enrichment as a Normative Operator: Mapping Restitution in a Pre-Metric Normative Space for AI-Augmented Legal Reasoning’
ABSTRACT Unjust enrichment is often described as a third pillar of private law, distinct from contract and tort, yet its practical operation is deceptively hybrid: it simultaneously gates entitlement (whether restitution is due) and calibrates magnitude (how much is due). This paper treats unjust enrichment as a ‘normative operator’ that transforms a fact pattern into […]
Barker and Kretowicz, ‘Unjust Enrichment in Australia 2023-2025’
ABSTRACT A critical summary and review of key (mostly appellate) caselaw developments in Australian unjust enrichment law between September 2023 and September 2025. Includes coverage of the High Court decision in Redland City Council v Kozik [2024] HCA 7 (restitution from the executive; defence of good consideration) and that of the decision of the Western […]
Ayelet Gordon-Tapiero, ‘Unreal and Unjust: An Enrichment-Based Approach to the Deepfake Dilemma’
ABSTRACT Generative AI technology is taking the world by storm. The development of technology enabling creation and manipulation of content has give facilitated a substantial rise in the proliferation of deepfakes. Whereas in the past content creation and manipulation required a certain level of expertise, today deepfake technology is easily accessible and enables the quick […]
Li and Lee, ‘Unjust enrichment as a remedy for AI’s unauthorised use of protected data’
ABSTRACT The unauthorised use of data in the training of generative AI models presents significant legal challenges, particularly under intellectual property (IP) and privacy laws. These frameworks frequently grapple with the intricate relationship between data ownership and AI innovation, resulting in ongoing debates regarding optimal protection and enforceability. This article delves into the considerable potential […]
Charlie Ward, ‘Outcome Responsibility and Autonomy: Rationalising the Change of Position Defence in Mistaken Payment Claims’
ABSTRACT Three decades on from its decisive advent in England and Australia, the change of position defence has become part of the fabric of the law of restitution. Yet its rationale — long neglected but increasingly scrutinised — remains a matter of debate. This article seeks to advance the debate by analysing possible rationales for […]
Chow and Cheung, ‘Constructive trust in cryptoasset fraud: D’Aloia v Persons Unknown and others [2024] EWHC 2342 (Ch)’
ABSTRACT This case note examines the recent case D’Aloia v Persons Unknown and others [2024] EWHC 2342 (Ch), which affirmed the status of cryptoassets as property under common law, and applied traditional legal principles, including unjust enrichment and constructive trust, to address crypto fraud involving Tether (USDT). This case note also highlights the tension between […]