Rescuing Remedialism in Unjust Enrichment Law: Why Remedies are Right
(1998) 57 Cambridge Law Journal 301-327
University of Queensland TC Beirne School of Law Research Paper Forthcoming
23 Pages Posted: 16 Mar 2015
Date Written: March 15, 1998
Abstract
This piece suggests and defends the development of a separate remedial agenda in unjust enrichment law, such that remedial principles are developed alongside those governing a plaintiff's restitutionary cause of action. It identifies a number of important remedial questions arising in unjust enrichment cases, explains why the development of general remedial principles is still at an embryonic stage and suggest a way in which the relationship between restitutionary rights and remedies can be understood in unjust enrichment law in a way that is constructive, coherent and illuminating.
Keywords: unjust enrichment, restitution, remedy, right
Suggested Citation: Suggested Citation