(p. 275) 9. Correcting Misconceived Transfers
- DOI:
- 10.1093/he/9780199290505.003.0009
Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter examines the strategies Equity has developed to ensure the return of property that has fallen into the wrong hands. It focuses on the law of unjust enrichment, the third branch of the law of obligations that provides remedies whenever defendants receive some benefit, or enrichment, at the claimant's expense in circumstances that make it unjust for them to keep it. Equity's role in the law of unjust enrichment is highly controversial, and has been the subject of some profound and difficult modern revisions. To understand these debates it is first necessary to understand when and why any unjust enrichment remedies are warranted. How this model is structured determines, in large measure, how easily Common Law and Equitable learning on this issue can be integrated.
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