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, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2020

A Core Case

A Core Case

Chapter:
(p.3) 1 A Core Case
Source:
Unjust Enrichment
Author(s):

Peter Birks

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199276981.003.0001

Of the subjects which form the indispensable foundation of private law, unjust enrichment is the only one to have evaded the great rationalization achieved since the middle of the 19th century, in both England and America, by the writers of textbooks. This chapter introduces unjust enrichment through one core case. The law of unjust enrichment is the law of all events materially identical to the mistaken payment of a non-existent debt. Such a payment gives rise to a right to restitution. The law of restitution is the law of gain-based recovery, just as the law of compensation is the law of loss-based recovery. Thus a right to restitution is a right to a gain received by the defendant, while a right to compensation is a right that the defendant make good a loss suffered by the claimant. This chapter considers whether the right arising from an unjust enrichment not only is, but can only be, a right to restitution.

Keywords:   England, private law, unjust enrichment, restitution, compensation, mistaken payment, non-existent debt, right, gain-based recovery, loss-based recovery

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 .