'Farewell to Unjustified Enrichment?’ - A Common Law Response

Abstract

Jansen’s recent paper ‘Farewell to Unjustified Enrichment?’ suggests that the unity of the Germanic law of unjustified enrichment may be more apparent than real, and that clinging to its supposedly integrated theory distorts understanding of the liabilities it encompasses. However, Jansen is reluctant to draw similar conclusions in respect of the common law. This comment suggests that in fact the parallels between civil and common law are quite close, and that in common law too it is well past time for a reconsideration of the value of a unitary theory of unjust enrichment.

Keywords: unjust enrichment, unjustified enrichment

JEL Classification: K12, K19