Unscrambling 'Detriment' - Unjust Enrichment, Mistaken Payments, and Estoppel
Australian Bar Review, 38 3: 269-282
Posted: 26 Jun 2015
Date Written: 2014
‘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: Suggested Citation