Mistake and unjust enrichment.
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Mistake and unjust enrichment. by George E. Palmer

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Published by Ohio State University Press in Columbus .
Written in English

Subjects:

  • Mistake (Law) -- United States.,
  • Unjust enrichment -- United States.

Book details:

Edition Notes

SeriesLaw forum series
The Physical Object
Pagination114 p.
Number of Pages114
ID Numbers
Open LibraryOL17731596M

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  Unjust enrichment is a term used to describe a situation wherein one party benefits at the other party’s expense, in a situation the law considers to be unjust. Unjust enrichment is usually used to describe benefits that are received either accidentally or in error, but which have not been earned, and ethically should not be kept. Mistake and Unjust Enrichment Historical Reprints in Law and Jurisprudence Series Historical reprints in jurisprudence and classical legal literature Law forum series: Author: George E. Palmer: Edition: reprint: Publisher: W.S. Hein, ISBN: , Length: pages: Subjects. ' Unjust' factors. English law has typically adopted an 'unjust factor' approach, whereby the claimant must positively identify a reason why the defendant's enrichment is 'unjust'. 'Unjust' is a generalisation of all the circumstances in which the law calls for restitution. Recognised grounds of restitution include mistake, duress, undue. Presumably, in this case, the mistake is the “unjust factor” that renders the enrichment unjust, and it is unclear how exactly the fact the enrichment was owed operates to override it. This would suggest some form of commensurability between the mistake and the fact the enrichment was owed, and Scott does not find this type of.

Mistake and Unjust Enrichment (Historical reprints in jurisprudence and classical legal literature) [George E. Palmer] on *FREE* shipping on qualifying by: 1. Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in , and successive editions have played a major role in establishing the central importance of the subject for private and commercial by: 8. The concern is less with the absence of a justification for the defendant’s enrichment, and more with positive reasons why the enrichment is unjust: for example, that the plaintiff paid money to the defendant while under a mistake, or under compulsion or undue influence. ture that it imposes on the "unifying legal concept9'3 of unjust enrichment. This significance is evident at different levels. Most obviously, the much exe- crated distinction between mistake of fact and mistake of law has been elimi- nated from the law of restitution for mistaken payments.4 At the same time.

Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer - Ebook written by Helen Scott. Read this book using Google Play Books app on your PC, android, iOS devices. Download for offline reading, highlight, bookmark or take notes while you read Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer. Unjust Enrichment: A Study of Private Law and Public Values. New York: Cambridge Univ. , Heidi M. "Nonreciprocal Risk Imposition, Unjust Enrichment, and the Foundations of Tort Law: A Critical Celebration of George Fletcher's Theory of Tort Law." Notre Dame Law Review 78 (April). In contract law, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of ity for an unjust (or unjustified) enrichment arises irrespective of wrongdoing . As Lord Rodger writes in his chapter, unjust enrichment “is little over 40 years old we are still groping for a satisfactory analysis of the law of negligence 75 years after Donoghue v Stevenson The analysis of unjust enrichment will [likewise] mature further over the coming decades and generations”.This book, spanning many of the controversial issues at the cutting .