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Koffman, Macdonald & Atkins' Law of Contract

Koffman, Macdonald & Atkins' Law of Contract (10th edn)

Ruth Atkins
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date: 28 September 2022

p. 56123. Additional chapter: An outline of the law of restitutionlocked

p. 56123. Additional chapter: An outline of the law of restitutionlocked

  • Ruth AtkinsRuth AtkinsSenior Lecturer in Law, Swansea University

Abstract

This chapter presents an outline of the law of restitution and the factors that might make an enrichment unjust. The law of restitution is part of the law of obligations alongside contract and tort, although it also includes elements of property law. The law of restitution can be seen as a response to an unjust enrichment where the defendant should not be unjustly enriched at the expense of the claimant, although the principles may extend beyond this. Unjust enrichment requires one party to have been enriched; for the enrichment to have been at the expense of the other party; and for the enrichment to have been unjust. There are defences available to the enriched party.

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