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The Principles of the Law of Restitution$
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Graham Virgo

Print publication date: 2015

Print ISBN-13: 9780198726388

Published to Oxford Scholarship Online: September 2015

DOI: 10.1093/acprof:oso/9780198726388.001.0001

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At the Expense of the Claimant

At the Expense of the Claimant

(p.104) 5 At the Expense of the Claimant
The Principles of the Law of Restitution

Graham Virgo

Oxford University Press

In order to obtain restitution from the defendant on the ground of unjust enrichment, the claimant must also establish that this enrichment was obtained at the claimant’s expense. There are, however, certain categories of case in which the question of whether the benefit was obtained at the claimant’s expense is much more difficult to answer and raises some fundamentally important questions about the ambit of the unjust enrichment principle. This chapter discusses the two most important questions. First, whether the benefit obtained by the defendant must have been obtained directly from the claimant or can be obtained indirectly via a third party; and, secondly, whether the benefit gained by the defendant must be reflected exactly by a corresponding loss suffered by the claimant.

Keywords:   unjust enrichment, law of restitution, restitutionary claims, claimants, direct enrichment, indirect enrichment

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