Goff & Jones On Unjust Enrichment, 10th Edition | 2022

Goff & Jones On Unjust Enrichment, 10th Edition

The definitive work on the law of unjust enrichment is Goff & Jones. The development of the subject's fundamental notions and guiding principles, as well as the subject's vital importance for private and commercial lawyers, have been greatly influenced by subsequent editions. The book is thorough in its coverage and was authored by eminent academics who explain all the laws governing unjust enrichment claims and describe how they have been applied through careful analysis of case law. The book continues to serve as a guide for upcoming advancements in the subject and is frequently cited in courts across the Commonwealth.

The brand-new, 10th edition is entirely current and includes a thorough overview of significant decisions made since the last edition. To account for significant new cases and their effects on topics like the recovery of benefits from distant recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment, and interest awards on such claims, several chapters have been entirely or substantially rewritten.

The 10th edition addresses the following six crucial issues with regard to stating a claim:

• explains how an unjust enrichment suit can be dismissed where a defendant must profit himself in order to comply with a law, court order, natural obligation, or contract.
• shows how claims for various benefits are affected by the principles controlling the identification and valuation of enrichment.
• ponders whether a defendant must have obtained his or her profits at the claimant's expense.
• explains the various justifications for restitution, including lack of consent, lack of authority, error, duress, undue influence, and unethical deals, failure of basis, free acceptance, necessity, secondary liability, and ultra vires receipts and payments by public entities.
• examines defences such as a change in position, a ministerial receipt, a bona fide purchase, estoppel, the impossibility of obtaining counterrestitution, passing on, a limitation, legal incapacity, and illegality
• explains the private and exclusive remedies for ill-gotten gains

The following significant cases are covered in detail in the new edition of Goff & Jones On Unjust Enrichment:

• Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275 (exclusion of unjust enrichment by statute; enrichment acquired “at the claimant’s expense”); 
• Swynson Ltd v Lowick Rose LLP (in liq.) [2018] A.C. 313 (enrichment acquired “at the claimant’s expense”; subrogation);
• Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869 (exclusion of unjust enrichment by statute); 
• Prudential Assurance Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired “at the claimant’s expense”); 
• Vodafone Ltd v Office of Communications [2020] Q.B. 857 (counterfactual arguments against Woolwich claims); 
• Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1 (limitation rules governing claims founded on mistake);
• Test Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354 (“netting off” of defendant’s gains and losses; interest awards)
• Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] 3 W.L.R. 727 (lawful act duress).
• School Facility Management Ltd v Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution and change of position); 
• Samsoondar v Capital Insurance Co Ltd [2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);
• Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R. (Comm.) 1244 (failure of basis; relation between contract and unjust enrichment)

TABLE OF CONTENTS of Goff & Jones On Unjust Enrichment, 10th Edition