Unscrambling 'Detriment' - Unjust Enrichment, Mistaken Payments, and Estoppel

Australian Bar Review, 38 3: 269-282

Posted: 26 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2014

Abstract

‘Detriment’ suffered by a representee has been analysed in two recent High Court decisions. It is now the central element in recovery for both mistaken payment, and estoppel. How is the concept of ‘detriment’, which must be ‘substantial’, to operate? Is it all or nothing? Can it be ‘unscrambled’? What is part is left to play for the notion of the ‘minimum equity’?

JEL Classification: K00

Suggested Citation

Aitken, Lee, Unscrambling 'Detriment' - Unjust Enrichment, Mistaken Payments, and Estoppel (2014). Australian Bar Review, 38 3: 269-282. Available at SSRN: https://ssrn.com/abstract=2622793

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

Register to save articles to
your library

Register

Paper statistics

Abstract Views
137
PlumX Metrics