Jump to ContentJump to Main Navigation
Unjust Enrichment$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

Persistent Fragments

Persistent Fragments

(p.284) 12 Persistent Fragments
Unjust Enrichment

Peter Birks

Oxford University Press

The everyday work of the law of unjust enrichment was never left entirely undone. It was picked up under a variety of heads, principally, on the common-law side, under money had and received, money paid, quantum meruit, and quantum valebat, and, on the Chancery side, under constructive trust, resulting trust, and equitable lien. At least three more figures had a foot in both law and equity, namely account, rescission, and subrogation. These ten terms are explained in the present chapter. The metaphor of fragments is convenient but slightly misleading. The modern law of unjust enrichment has not been put together as a broken vase is re-assembled from its shattered pieces but rather by extracting that which belongs to it from a number of different sources. It has not taken over all the work of any one of the fragments. This chapter also discusses rights in personam and rights in rem.

Keywords:   unjust enrichment, common law, money, Chancery, rights in personam, rights in rem, quantum meruit, quantum valebat, constructive trust, equitable lien

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .