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Unjust Enrichment$
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Peter Birks

Print publication date: 2005

Print ISBN-13: 9780199276981

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199276981.001.0001

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Unjust-Related Defences

Unjust-Related Defences

(p.224) 10 Unjust-Related Defences
Unjust Enrichment

Peter Birks

Oxford University Press

The defences which trump the claimant's argument that the enrichment at his expense is unjust are numerous. There are those which aim to ensure that the successful claimant will not himself end up unjustly enriched. Then there is the finality group, which aims to protect the social and individual interest in putting an end to litigation. Two other groups are the stultification group and a miscellaneous residue, in this case a small one. There appear to be three situations in which the law has so far taken steps against the unjust enrichment of the claimant. If he has received exchange benefits from the defendant, he must make counter-restitution. Secondly, if he has both gain-based and loss-based claims against the defendant, he must not so combine them as to count some items twice. Thirdly, under statute, if he is seeking overpaid tax he cannot recover if he has already recovered it by rolling it on to his customers or other similar third parties.

Keywords:   defences, unjust enrichment, claimant, finality, stultification, litigation, counter-restitution, overpaid tax, third parties, exchange benefits

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