Category Archives: Unjust enrichment

Layne Keele, ‘To Err is Human, to Restore is (Usually) the Law: Present Entitlement in Restitution’s Discharge-For-Value Rule’

ABSTRACT This Article argues that the Second Circuit’s present-entitlement holding and the concurrence’s setoff argument in Citibank v Brigade Capital do not reflect the state of the law and risk introducing confusion into an already convoluted area of law. First, I will briefly review the district court’s decision in Citibank and its reception among scholars […]

‘Duress in Contract and Restitution for Unjust Enrichment: Lessons from Mistake’

… This article is highly recommended. From a similar starting point, and drawing similar distinctions, I would go further. In the law of Contract, the mistake that will render a contract void at law is a fundamental one (see, eg, Bell v Lever Bros Ltd [1932] AC 161, [1931] UKHL 2 (15 December 1931); Fitzsimons […]

Charmaine Chang, ‘When a Contract Falls Short: A Special Case for Restitution Under Duress in Unjust Enrichment’

ABSTRACT The English law of unjust enrichment deals with situations where it is unjust for someone to receive a benefit without paying for it. Duress is one of the unjust factors that allows for restitution. The recent approach of the court assumes the same test for duress in contract and unjust enrichment as in CTN […]

Barker and Bristow, ‘Unjust Enrichment in Australia 2021-2022’

ABSTRACT This review contains a summary and commentary upon developments in the law of unjust enrichment law in Australia in the year 2021-2022. The period covered does not feature any decisions handed down by the High Court of Australia, but appellate decisions of particular note reported include: Redland City Council v Kozik [2022] QCA 158 […]

Peter and Ho, ‘Agreement and Restitutionary Liability for Mistaken Payments’

ABSTRACT This chapter considers two recent attempts that claim a defendant’s actual or hypothetical agreement as grounds for restitutionary liability for mistaken payments. With respect to Alexander Georgiou’s attempt based on an actual but tacit agreement, we argue that his account: (1) confuses the motivating causes of the payment with the terms of the payment; […]

Maziar Peihani, ‘The Recovery of Mistaken Payments – Revisiting the Doctrine of Relative Fault’

ABSTRACT When a payment is mistakenly made, ought the relative blameworthiness of the two parties, the payer and the payee, in relation to the mistake affect whether the payment can be recovered by the payer? In Canada, the leading case on payments by mistake of fact is BMP Global v Bank of Nova Scotia, where […]

‘Just Unjust Enrichment’

Maytal Gilboa, Yotam Kaplan and Roee Sarel, ‘Climate Change as Unjust Enrichment’, Georgetown Law Journal (forthcoming), available at SSRN (6 July 2023). When considering the essence of law, it becomes evident that its fundamental purpose is to safeguard our safety and well-being. However, amidst the many challenges facing humanity, the law has fallen short in […]

Henry Cooney, ‘Anticipated Contracts and Unjust Enrichment’

ABSTRACT Considers whether a claim in unjust enrichment is available to a party that confers pre-contractual benefits upon another party in anticipation of concluding a contract with that party when contractual negotiations break down and no contract is concluded. Cooney, Henry, Anticipated Contracts and Unjust Enrichment (August 17, 2023), [2023] Lloyd’s Maritime and Commercial Law […]

Gilboa, Kaplan and Sarel, ‘Climate Change as Unjust Enrichment’

ABSTRACT The climate crisis is the greatest challenge of our generation, with no satisfactory legal response in sight. Political polarization and influence from special interest groups have hindered effective regulatory action on both national and international fronts. Climate litigation through the court system, primarily based on tort principles, has also been largely unsuccessful. In response […]

Cheong and Chan, ‘Implied Terms, Unjust Enrichment and Quantum Meruit in Singapore’

ABSTRACT Contracts form the basis of almost every business transaction. The existence of contracts allows for the participation in collaborative and complementary efforts by setting out the expectations and responsibilities of each party, which in turn protects their interests and rights in that transaction. Founded on English common law principles, English cases on the law […]