Enrichment at the claimant's expense : attribution rules in unjust enrichment / Eli Ball.

Format:

Book

Author/Creator:

Ball, E. B. S. (Eli Byron Stuart), 1984- author.

Series:

Hart studies in private law.

Hart studies in private law ; v. 18

Language:

English

Subjects (All):

Unjust enrichment--English-speaking countries.

Unjust enrichment.

Physical Description:

1 online resource.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, an imprint of Bloomsbury Publishing Plc, 2016.

Summary:

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties - a claimant and a defendant - are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test - asking whether enrichment and loss arise 'but for' each other - provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment

Contents:

Foreword

Justice James Edelman

Introduction

The exchange capacity

Enrichment

Loss

Connections

Generalisations

Transactions

Qualification

Conclusion.

Notes:

Based on author's thesis (doctoral - University of Oxford, 2014).

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781782258414

1782258418

9781782258421

1782258426

9781782258407

178225840X

OCLC:

956379824