Current Issues in Unjust Enrichment: The 'Time Value' of Money and Proprietary Remedies for Failure of Basis

10 Pages Posted: 20 Oct 2017

See all articles by Charles Mitchell

Charles Mitchell

University College London - Faculty of Laws

Date Written: November 6, 2017

Abstract

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

Suggested Citation

Mitchell, Charles, Current Issues in Unjust Enrichment: The 'Time Value' of Money and Proprietary Remedies for Failure of Basis (November 6, 2017). Available at SSRN: https://ssrn.com/abstract=3055715 or http://dx.doi.org/10.2139/ssrn.3055715

Charles Mitchell (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

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