The Scope and Structure of Unjust Enrichment | 2024*

The Scope and Structure of Unjust Enrichment | 2024*

This thought-provoking book tackles the intricate debates surrounding the structure of unjust enrichment, making a significant contribution to the field.

Engaging with the subject’s critics, it lays out a clear framework for this area of private law, maintaining that unjust enrichment serves to reverse defective enrichments—whether by performance or otherwise—while allowing space for normative pluralism in how the law accomplishes this goal.

Drawing extensively on comparative insights from Germany, Scotland, and South Africa, the book proposes a legal model that blends aspects of the “absence of basis” and “unjust factors” approaches. It then maps this model onto the various causes of action in unjust enrichment, distinguishing between performance claims, which undo deliberate performances, and non-performance claims. It further argues that certain claims often grouped under unjust enrichment, such as “necessity,” should be excluded from the subject altogether. The book closes with a detailed discussion of available defences.

Contents of The Scope and Structure of Unjust Enrichment;

1. Justifying Legal Concepts
2. The Structure of Unjust Enrichment in Comparative Perspective
3. Unity and Difference in Unjust Enrichment
4. Intent-Based Causes of Action I: Mistake, Duress, Undue Influence and Unconscionable Bargains
5. Intent-Based Causes of Action II: Failure and Absence of Basis
6. Policy Motivated Unjust Factors?
7. Proprietary Claims
8. Defences to Unjust Enrichment Claims
9. Conclusion