Current Issues in Unjust Enrichment: The 'Time Value' of Money and Proprietary Remedies for Failure of Basis
10 Pages Posted: 20 Oct 2017
Date Written: November 6, 2017
The paper examines two issues in the English law of unjust enrichment that have been considered in recent case law: whether claims lie for the value of an opportunity to use money, and if so how these should be measured, and whether proprietary remedies should be awarded to claimants who succeed in establishing a claim on the ground of failure of basis, and if so when.
Keywords: unjust enrichment, restitution, time value of money, compound interest, failure of basis, failure of consideration, constructive trusts, equitable liens, subrogation
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