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A Normative Account of Defences to Restitutionary Liability

43 Pages Posted: 19 Feb 2008 Last revised: 27 Jul 2008

Ross B. Grantham

The University of Queensland - T.C. Beirne School of Law

Charles Edwin Rickett

University of South Australia - School of Law

Multiple version iconThere are 3 versions of this paper

Date Written: 2008

Abstract

The aim of this paper is to offer an account of how the defences that on orthodox views are regarded as central to restitutionary claims may be incorporated into the broader normative structure of restitutionary liability. The paper will seek to outline what the normative structure of restitutionary liability indicates about the general shape and focus of the defences. It will then suggest how the various defences may be understood in terms consistent with the normative structure of restitutionary liability.

Keywords: unjust enrichment, restitution, defences, corrective justice

JEL Classification: K00

Suggested Citation

Grantham, Ross B. and Rickett, Charles Edwin, A Normative Account of Defences to Restitutionary Liability (2008). University of Queensland T.C. Beirne School of Law Research Paper No. 08-01. Available at SSRN: https://ssrn.com/abstract=1094646 or http://dx.doi.org/10.2139/ssrn.1094646

Ross B. Grantham (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Charles Edwin Rickett

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

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