Unjust Enrichment as Absence of Basis: Can English Law Cope?
This chapter examines the new approach adopted by Peter in Unjust Enrichment. In Unjust Enrichment, Peter abandoned unjust factors in favour of an approach which generally calls for the reversal of enrichments which lack a legal basis. If this approach were to be adopted in English law, it would significantly change the way in which unjust enrichment interacts with other areas of law, and contract law in particular. German law points out some of the issues which English law would need to address. The chapter considers three situations: enrichment through execution of non-contractual agreements; enrichment through execution of non-enforceable contracts; and enrichment through execution of ill-founded disputed claims.
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