Add to ORKGIn this paper I reconsider the relation between property and unjust enrichment and respond to a recent argument that actions in unjust enrichment cannot be actions in corrective justice. I suggest that any analysis that regards actions in unjust enrichment as embodying principles of corrective justice requires supplementation by considerations that are, at bottom, proprietary in nature. I argue that there is no incompatibility in viewing actions in unjust enrichment as actions whose grounds are broadly proprietary in nature; that understanding unjust enrichment in this manner does not threaten its theoretical coherence; and that understanding unjust enrichment in this manner allows us to view actions in unjust enrichment as actions in corre...
Courts and commentators frequently use the noun “subsidiarity” and the adjective “subsidiary” to hel...
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, ...
This thesis is about the law of mistake in the law of unjust enrichment. It argues that a particula...
The question of what justice has to do with the law of unjust enrichment (if it has anything to do w...
The aim of this thesis is to uncover the philosophical foundations of the defendant's duty of restit...
In law, gains, like losses, don’t always lie where they fall. The circumstances in which the law req...
Recent development to claim damages on the basis of either wanprestatie or onrechtmatige daad would ...
In some quarters, the focus of unjust enrichment scholarship has shifted from loss and gain towards ...
This article considers whether the decision in Woolwich Equitable Building Soc v IRC can properly be...
That there exists a law of restitution concerned with reversing unjust enrichments is widely conside...
This chapter examines the nature and origins of legal responsibility for gain in private law. Contra...
This thesis presents a corrective justice theory, which will be referred to as the "status theory," ...
This paper argues that, accepting the division of unjust enrichment claims into enrichment by rights...
This thesis seeks to justify on moral grounds the existence of tort systems. The argument is that co...
In a recent book, I set out the contours of a conception of corrective justice, and tentatively expl...
Courts and commentators frequently use the noun “subsidiarity” and the adjective “subsidiary” to hel...
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, ...
This thesis is about the law of mistake in the law of unjust enrichment. It argues that a particula...
The question of what justice has to do with the law of unjust enrichment (if it has anything to do w...
The aim of this thesis is to uncover the philosophical foundations of the defendant's duty of restit...
In law, gains, like losses, don’t always lie where they fall. The circumstances in which the law req...
Recent development to claim damages on the basis of either wanprestatie or onrechtmatige daad would ...
In some quarters, the focus of unjust enrichment scholarship has shifted from loss and gain towards ...
This article considers whether the decision in Woolwich Equitable Building Soc v IRC can properly be...
That there exists a law of restitution concerned with reversing unjust enrichments is widely conside...
This chapter examines the nature and origins of legal responsibility for gain in private law. Contra...
This thesis presents a corrective justice theory, which will be referred to as the "status theory," ...
This paper argues that, accepting the division of unjust enrichment claims into enrichment by rights...
This thesis seeks to justify on moral grounds the existence of tort systems. The argument is that co...
In a recent book, I set out the contours of a conception of corrective justice, and tentatively expl...
Courts and commentators frequently use the noun “subsidiarity” and the adjective “subsidiary” to hel...
There are two, apparently conflicting, approaches to private law theorizing. One approach - by now, ...
This thesis is about the law of mistake in the law of unjust enrichment. It argues that a particula...