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Reason and Restitution – A Theory of Unjust Enrichment - Oxford Scholarship Online
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Reason and Restitution: A Theory of Unjust Enrichment

Charlie Webb

Abstract

In law, gains, like losses, don’t always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment’s existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going ... More

Keywords: adjudication, contract, jurisprudence, legal theory, philosophy of law, private law, property, restitution, trusts, unjust enrichment

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780199653201
Published to Oxford Scholarship Online: April 2016 DOI:10.1093/acprof:oso/9780199653201.001.0001

Authors

Affiliations are at time of print publication.

Charlie Webb, author
Associate Professor, London School of Economics and Political Science

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