Some Thoughts on Change of Position
This chapter focuses on change of position, which is the most important defence — both theoretically and practically — to a claim for unjust enrichment. It examines the under-explored question of the impact of public policy on change of position. It also looks at the following: the role of change of position in claims for rescission; whether change of position is a defence to ‘claims based on the claimant's title’; and whether it is useful to confine one's articulated reasoning to it being ‘equitable’ or ‘inequitable’ on the facts to uphold the defence.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.