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At the Expense of the Claimant: Direct and Indirect Enrichment in English Law
English Law Direct and Indirect Enrichment
2015/8/5
Some time ago a study by Jack Dawson compared the German and American positions on the requirement of 'directness' in the law of unjust enrichment.1 It is not at all easy to come up with a satisfactor...
As a defence, illegality implies that the plaintiff's own illegal or immoral conduct can defeat a claim in unjust enrichment which would otherwise lie. Whether or not illegality can also serve as a gr...
The Role of Illegality in the English Law of Unjust Enrichment
Unjust Enrichment English Law
2015/8/5
When English unjust enrichment lawyers talk of "illegality", they generally do so in the context of the unravelling of partly-performed illegal contracts. Two parties enter into an illegal contract. W...
If someone were asked, as I was, to write a paper dealing with "proprietary issues" in the law of unjust enrichment, he or she would most naturally think of proprietary consequences: that is, the exte...
Unjust Enrichment Understood as Absence of Basis: a Critical Evaluation with Lessons from Canada
Absence of Basis Canada
2015/8/4
Much has been written about the merits and demerits of shifting to a civilian analysis. By and large, this valuable body of scholarship has evaluated the question from a theoretical perspective by con...