Defences in Unjust Enrichment: Questions and Themes

Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith (eds), Defences in Unjust Enrichment (Oxford, Hart Publishing, 2012) ch 1 (pp. 1-26).

Oxford Legal Studies Research Paper No. 17/2016

25 Pages Posted: 15 Mar 2016 Last revised: 3 Aug 2016

See all articles by Andrew D. Dyson

Andrew D. Dyson

University of Oxford - Faculty of Law

James Goudkamp

University of Oxford - Faculty of Law

Frederick Wilmot-Smith

University of Oxford - Faculty of Law; All Souls College

Date Written: 2012

Abstract

This book is the second in a series of four that is concerned with defences to liability arising in private law. We felt, and still feel, that the topic has not received the attention that it deserves. (1) We are not alone in holding this view. (2) By contrast, defences have dominated the research agendas of many scholars of the criminal law. (3) The asymmetry in attention to defences in these different fields is striking in part because of the apparent parallels between the two domains. For instance, the distinction in private law between causes of action and defences arguably mirrors that between offences and defences in the criminal law.

Keywords: private law, unjust enrichment, defences, restitution, change of position, illegality, onus of proof

JEL Classification: K19

Suggested Citation

Dyson, Andrew D. and Goudkamp, James and Wilmot-Smith, Frederick, Defences in Unjust Enrichment: Questions and Themes (2012). Andrew Dyson, James Goudkamp and Frederick Wilmot-Smith (eds), Defences in Unjust Enrichment (Oxford, Hart Publishing, 2012) ch 1 (pp. 1-26).; Oxford Legal Studies Research Paper No. 17/2016. Available at SSRN: https://ssrn.com/abstract=2747669

Andrew D. Dyson

University of Oxford - Faculty of Law ( email )

Corpus Christi College
Merton Street
Oxford, OX1 4JF
United Kingdom
447745033291 (Phone)
7745033291 (Fax)

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Frederick Wilmot-Smith

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

All Souls College ( email )

14 High St
Oxford
United Kingdom

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