- Title Pages
- Biographical Outline of Peter Birks 1941–2004
- Addresses given at the Memorial Service for Peter Birks on 20 November 2004 in the University Church of St Mary the Virgin, Oxford
- Table of Cases
- Table of Legislation
- Roman Law
- List of Contributors
- 1 The Evolution of the Species
- 2 Absence of Basis: The New Birksian Scheme
- 3 Three Enrichment Issues
- 4 Some Thoughts on Change of Position
- 5 The Role of Fault in the Law of Restitution
- 6 Subrogation: Persistent Misunderstandings
- 7 Tracing
- 8 Gain-Based Damages and Compensation
- 9 Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
- 10 The Further Travails of Duress
- 11 Undue Influence: <i>Beyond</i> Impaired Consent and Wrongdoing towards a Relational Analysis
- 12 Unjust Enrichment, Discharge for Breach, and the Primacy of Contract
- 13 Resulting Trusts
- 14 <i>Jones v Jones</i>: Property or Unjust Enrichment?
- 15 Unjust Delivery
- 16 The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
- 17 Restitution after Termination for Breach of Contract: German Law after the Reform of 2002
- 18 No Basis: A Comparative View
- 19 Unjust Enrichment as Absence of Basis: Can English Law Cope?
- 20 The Fallacy of ‘Restitution for Wrongs’
- 21 Peter Birks and Scots Enrichment Law
- 22 What did <i>Damnum Iniuria</i> Actually Mean?
- 23 The Romanization of Spain: The Contribution of City Laws in the Light of the <i>Lex Irnitana</i>
- 24 Absent Parties and Bloody-Minded Judges
- 25 ‘You Never Can Tell with Bees’: Good Advice from Pooh for Students of the <i>Lex Aquilia</i>
- 26 Late Arrivals: The Appendix in Justinian's Digest Reconsidered
- 27 Logic and Experience in Roman Law
- 28 Unjust Enrichment: The Tenant's Tale
- 29 Bezoar-Stones, Gall-Stones, and Gem-Stones: A Chapter in the History of the Tort of Deceit
- 30 Denials Ancient and Modern, with some Roman Footnotes
- 31 Rumford Market and the Genesis of Fiduciary Obligations
- 32 Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland
- 33 Sir William Jones and the Nature of Law
- The Publications of Peter Birks 1969–2005
Three Enrichment Issues
Three Enrichment Issues
- (p.49) 3 Three Enrichment Issues
- Mapping the Law
- Oxford University Press
This chapter explores three controversial issues on enrichment: How is enrichment by services to be quantified? How is an enrichment established where it comprises an incomplete contractual performance? Can enrichment be established where title to the asset transferred does not pass? The answer to the last of these is particularly important in its firm rejection of the view that unjust enrichment has no role to play where the claimant retains title to the asset in question.
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