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

9 Pages Posted: 12 Mar 2016  

Steve Hedley

University College Cork

Date Written: March 10, 2016

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

Suggested Citation

Hedley, Steve, 'Farewell to Unjustified Enrichment?’ - A Common Law Response (March 10, 2016). Available at SSRN: https://ssrn.com/abstract=2745878 or http://dx.doi.org/10.2139/ssrn.2745878

Steve Hedley (Contact Author)

University College Cork ( email )

Cork
Ireland

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