Rescuing Remedialism in Unjust Enrichment Law: Why Remedies are Right

23 Pages Posted: 16 Mar 2015

See all articles by Kit Barker

Kit Barker

University of Queensland - TC Beirne School of Law

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

Barker, Kit, Rescuing Remedialism in Unjust Enrichment Law: Why Remedies are Right (March 15, 1998). (1998) 57 Cambridge Law Journal 301-327, University of Queensland TC Beirne School of Law Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=2578783

Kit Barker (Contact Author)

University of Queensland - TC Beirne School of Law ( email )

4072 Brisbane, Queensland
Australia

HOME PAGE: http://www.law.uq.edu.au/

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