Bona Fide Purchase as a Defence to Unjust Enrichment Claims: A Concise Restatement

Abstract

This piece examines the role and principle features of the defence of bona fide purchase within Unjust Enrichment Law in the wake of modern recognition of the defence of change of position. It examines the rationale of the defence in both unjust enrichment and property law; the fact configurations and causes of action to which it is applicable; and its various elements. The defence, it is argued, has a continuing and important role in unjust enrichment law in cases entailing three-party configurations, but has no application in straightforward two-party cases, where distinct, though analogous principles are often applied.

Keywords: restitution, bona fide purchase, unjust enrichment, change of position