Jump to ContentJump to Main Navigation
Unjust Enrichment$
Users without a subscription are not able to see the full content.

Peter Birks

Print publication date: 2005

Print ISBN-13: 9780199276981

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199276981.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 23 May 2017

Absence of Basis

Absence of Basis

Chapter:
(p.129) 6 Absence of Basis
Source:
Unjust Enrichment
Author(s):

Peter Birks

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199276981.003.0006

Every enrichment comes about either with or without the participation of the claimant. Non-participatory transfers are those over which the claimant has no control, as where a pickpocket takes money from his pocket. Such an enrichment at the claimant's expense almost invariably has no explanatory basis. Participatory enrichments are perceived as either obligatory or voluntary. If the purpose is discharge of an obligation and there is indeed a valid obligation which is discharged, the enrichment has an explanatory basis and cannot be viewed as unjust enrichment. If there turns out to be no valid obligation discharged, the enrichment is inexplicable. It has no explanatory basis. Voluntary enrichments are those which are transferred not with obligation but in order to achieve some outcome. If that purpose is achieved, the basis has not failed. If it is not achieved, the enrichment has no explanatory basis. There are three categories of voluntary enrichments: contracts, trusts, and gifts. Non-participatory enrichments can be at law, in equity, or by-benefits.

Keywords:   participatory enrichments, voluntary enrichments, contracts, trusts, gifts, obligation, non-participatory enrichments, by-benefits, unjust enrichment, at law

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.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .