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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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Some Thoughts on Change of Position

Some Thoughts on Change of Position

(p.65) 4 Some Thoughts on Change of Position
Mapping the Law

Gareth Jones

Oxford University Press

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.

Keywords:   law of restitution, unjust enrichment, public policy, claim for rescission

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