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Mapping the LawEssays in Memory of Peter Birks$
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Andrew Burrows and Alan Rodger

Print publication date: 2006

Print ISBN-13: 9780199206551

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206551.001.0001

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Three Enrichment Issues

Three Enrichment Issues

Chapter:
(p.49) 3 Three Enrichment Issues
Source:
Mapping the Law
Author(s):

Robert Stevens

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206551.003.0004

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.

Keywords:   enrichment by services, incomplete contractual performance, asset transfer, unjust enrichment, law of restitution

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