The Concepts of Unjust Enrichment.

Format:

Book

Author/Creator:

Beever, Allan.

Series:

Hart Studies in Private Law Series

Language:

English

Subjects (All):

Unjust enrichment (Roman law).

Restitution.

Physical Description:

1 online resource (299 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Bloomsbury Publishing Plc, 2026.

Summary:

A thought-provoking revision of the law of unjust enrichment, arguing that the dominant model conceptualising it is incoherent.

Contents:

Cover

Title Page

Copyright

Table of Contents

Acknowledgements

Introduction

The Theme of this Book

Two Features of the Dominant Model

Formalism and the Dominant Model

Concluding Remark

1. The Principle of Unjust of Enrichment

I. The Invisible Unity of the Law of Unjust Enrichment

II. 'Family Resemblances', Family Resemblances and the Unity of the Law

III. The Failure of the Loss and the Gain Models

Part I What is an Enrichment?

2. The Enrichment Mystery

I. The Missing Definition

A. Benefit

B. Wealth

C. A Term of Art

D. Relational Value

II. Conclusion

3. The Law's Tests for Enrichment

I. Introduction

II. Tests and Definitions

III. The Law's Tests as Definitions

IV. Choosing One of the Tests

4. Enrichment and Objectivity

I. Four Meanings of 'Objective' and 'Subjective'

A. The Meta-Axiological

B. The Ontological

C. The Epistemological

D. The Intersubjective

II. Objectivity, Subjectivity and the Law of Unjust Enrichment

III. Market Value and Objectivity

IV. Subjective Devaluation

V. Contract

VI. Conclusion

5. Enrichment and Economics

I. Economic Value

II. Efficient Exchange and Enrichment

III. Concluding Remarks

6. The Law's Objective Test and (Subjective) Value

I. 'Objective' Value is Subjective

II. Exchange Value

III. Money

IV. Proof

V. Subjective Devaluation

A. Subjective Devaluation and Freedom of Choice

B. Subjective Devaluation and (Subjective) Value

C. When Subjective Devaluation is Disallowed

VI. Concluding Remarks

7. Relational Value

I. Weinrib's Theory of Value

II. Market Value

III. Does Real Value Exist?

IV. In What Sense is Objective Value Objective?

V. Interpretive Theory

Part II Is the Law of Unjust Enrichment about Enrichment?.

8. Enrichments that are not 'Enrichments'

I. The Money Restriction

II. Change of Position

III. Subjective Overvaluation

9. 'Enrichments' that are not Enrichments

I. Legal Enrichment

II. Services

III. Conclusion

10. Subjective Devaluation and Freedom of Choice

I. Subjective Devaluation

II. 'Freedom of Choice'

11. Concluding Remarks on 'Enrichment'

Part III What is the Injustice in an Unjust Enrichment?

12. Unjust Enrichment as a Moral Principle

I. The Strange Rejection of Unjust Enrichment as a Moral Principle

A. The Rejection

B. The Selection of Principles

C. Moral Principles as Framing Ideas

D. Moral Principles and Legal Doctrines

II. The (at Least) Implicit Acceptance of Unjust Enrichment as a Moral Principle

13. The Adequacy of the Principle against Unjust Enrichment

I. Birks' on Kelly v Solari

II. Why Unjust Enrichment?

III. Unjust Enrichment, Injustice and Enrichment

IV. Conclusion

14. The Injustice I: Intention

I. Defective Intention and the Law's Ambivalences

II. The Complex Intention: The Thing and the Value of the Thing

15. The Injustice II: Effective but Defective Transfer

I. The Ambivalent Basis of Liability Again

II. The Location of the Injustice

A. Introduction

B. The Real Principle against 'Unjust Enrichment'

i. From Enrichment to Transfer

ii. Transfer and the Dominant Model

iii. Transfer and Corrective (or Commutative) Justice versus Enrichment and . . .?

C. Investment Trust Companies and Prudential Assurance

III. Summary

16. The Injustice III: Miscellaneous Considerations

I. Terminology

II. The Role of Acceptance

III. The Quantum of Restitution

IV. Change of Position

V. The Injustice and the Unjust Factors versus Absence of Basis Debate

A. Unjust Factors

B. Absence of Basis.

Part IV What is the Scope of Unjust Enrichment?

17. No Transfer I: Title

II. The Transfer Model

III. The Dominant Model: Concurrent Liabiilty

IV. Birks' Alternative Liability Model

A. Birks' Position

B. Are the Perspectives Incompatible?

C. Prevention and Cure, Stopping and Redefining

D. The Law's Perspective

V. The Argument from Mistake and the Transfer Model

18. No Transfer II: Trusts

I. Preventing Unjust Enrichment verses being Part of the Law of Unjust Enrichment

II. The Waitaki Case

19. No Transfer III: Services

II. Enrichment

III. Injustice

IV. Contracts, Agreements and Other Actions

V. Pavey &amp

Matthews v Paul and The Builders Licensing Act

20. The Wrong Defect: Transfers under Contract

I. The Quantum of Restitution: Agreement not Enrichment

II. The Basis of Liability and the Content of Contracts

III. Total Failure

V. Void, Voidable, Unenforceable and Terminated

21. Miscellaneous Issues

I. Incapacity, Duress and Undue Influence

B. The Basis of the Doctrines

i. Incapacity

ii. Duress

iii. Undue Influence

C. The Law's Responses

II. Free Acceptance

III. 'Coercion'

IV. Necessity

22. Conclusion

Bibliography

Index.

Notes:

Description based on publisher supplied metadata and other sources.

Part of the metadata in this record was created by AI, based on the text of the resource.

Other Format:

Print version: Beever, Allan The Concepts of Unjust Enrichment

ISBN:

9781509994144

OCLC:

1596872056