'At the Expense of the Claimant': A Fresh Look

[2017] RLR 167

18 Pages Posted: 3 Jun 2017 Last revised: 15 Feb 2019

See all articles by Andrew Burrows

Andrew Burrows

University of Oxford - Faculty of Law

Date Written: June 2, 2017


Unjust enrichment has been subjected to a new wave of academic scepticism. This paper argues that to protect the subject from needless attack, there is a need to tighten up what is meant by ‘at the expense of’. Drawing on the Wilburg-Von Caemmerer taxonomy of German law, the paper argues that it is helpful to recognise a distinction between the conferral of a benefit on D by C and the taking of a benefit by D from C. Within the former, one should also recognise that ‘incidental benefits’ are not at the expense of C. In an addendum to the paper, two recent decisions of the Supreme Court are analysed and are seen to be very much in line with the central thrust of the paper.

Keywords: restitution, unjust enrichment, at the claimant's expense

Suggested Citation

Burrows, Andrew Stephen, 'At the Expense of the Claimant': A Fresh Look (June 2, 2017). [2017] RLR 167, Available at SSRN: https://ssrn.com/abstract=2979390

Andrew Stephen Burrows (Contact Author)

University of Oxford - Faculty of Law ( email )

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