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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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Competing Generics

Competing Generics

(p.267) 11 Competing Generics
Unjust Enrichment

Peter Birks

Oxford University Press

The obscure vocabulary which used to do the work of unjust enrichment is still constantly in use. Again and again we encounter the action for money had and received, the action for money paid, quasi-contract, constructive trust, and so on. This chapter deals with terms which have directly competed with unjust enrichment in the naming and organization of this area of the law or, more accurately, an area of law approximating to or including this one. The line between competing generics and persistent fragments cannot be cleanly drawn. As competing generics from the past, this chapter considers quasi-contracts and implied or constructive contracts. It then turns to modern competition, under which head it deals with restitution and with variations on unjust enrichment itself. Of these, restitution sticks out as making no pretence of being an event-oriented term, but it is undoubtedly a competitor.

Keywords:   generics, vocabulary, quasi-contracts, constructive contracts, competition, unjust enrichment, restitution

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