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Unjust Enrichment$
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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

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Persistent Fragments

Persistent Fragments

Chapter:
(p.284) 12 Persistent Fragments
Source:
Unjust Enrichment
Author(s):

Peter Birks

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199276981.003.0012

The everyday work of the law of unjust enrichment was never left entirely undone. It was picked up under a variety of heads, principally, on the common-law side, under money had and received, money paid, quantum meruit, and quantum valebat, and, on the Chancery side, under constructive trust, resulting trust, and equitable lien. At least three more figures had a foot in both law and equity, namely account, rescission, and subrogation. These ten terms are explained in the present chapter. The metaphor of fragments is convenient but slightly misleading. The modern law of unjust enrichment has not been put together as a broken vase is re-assembled from its shattered pieces but rather by extracting that which belongs to it from a number of different sources. It has not taken over all the work of any one of the fragments. This chapter also discusses rights in personam and rights in rem.

Keywords:   unjust enrichment, common law, money, Chancery, rights in personam, rights in rem, quantum meruit, quantum valebat, constructive trust, equitable lien

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