Add to ORKGThe ‘knowing receipt’ claim confers upon equitable owners of trust funds a remedy against some third party recipients of those funds. A problematic aspect of this remedy is what constitutes sufficient knowledge by the recipient to justify the use of the remedy. This article critically examines an argument advanced by Birks that this remedy is restitutionary in nature and, as such should result in strict liability
This thesis explores the nature of the resulting trust and its role in the law of restitution. Part ...
This article argues that claims to recover trust property from third parties arise in response to a ...
As a general rule, benefits transferred by mistake, such as moneys paid when mistakenly thought due,...
The ‘knowing receipt’ claim confers upon equitable owners of trust funds a remedy against some third...
This article is concerned with the availability of “proprietary restitution” in cases of mistaken pa...
This article addresses the nature of liability for knowing receipt of assets transferred in breach o...
This study analyses certain controversial issues commonly arising when a claim for restitution is br...
This article addresses the nature of liability for knowing receipt of assets transferred in breach o...
‘Money had and received’ is the name of a common law claim available to recover money paid to anothe...
Scope of knowing receipt including knowledge requirement, relationship with equity's darling, extent...
A proprietary remedy confers preferential recovery, in the sense that the claimant obtains ownership...
A monetary remedy that is measured according to the gain to the defendant, rather than to the loss t...
With his ‘event-based classification’, the late Peter Birks provided a coherent and principled frame...
This thesis explores the nature of the resulting trust and its role in the law of restitution. Part ...
This article argues that claims to recover trust property from third parties arise in response to a ...
As a general rule, benefits transferred by mistake, such as moneys paid when mistakenly thought due,...
The ‘knowing receipt’ claim confers upon equitable owners of trust funds a remedy against some third...
This article is concerned with the availability of “proprietary restitution” in cases of mistaken pa...
This article addresses the nature of liability for knowing receipt of assets transferred in breach o...
This study analyses certain controversial issues commonly arising when a claim for restitution is br...
This article addresses the nature of liability for knowing receipt of assets transferred in breach o...
‘Money had and received’ is the name of a common law claim available to recover money paid to anothe...
Scope of knowing receipt including knowledge requirement, relationship with equity's darling, extent...
A proprietary remedy confers preferential recovery, in the sense that the claimant obtains ownership...
A monetary remedy that is measured according to the gain to the defendant, rather than to the loss t...
With his ‘event-based classification’, the late Peter Birks provided a coherent and principled frame...
This thesis explores the nature of the resulting trust and its role in the law of restitution. Part ...
This article argues that claims to recover trust property from third parties arise in response to a ...
As a general rule, benefits transferred by mistake, such as moneys paid when mistakenly thought due,...