Unjust-Related Defences
Unjust-Related Defences
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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