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

Robert Chambers, Charles Mitchell, and James Penner

Print publication date: 2009

Print ISBN-13: 9780199567751

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199567751.001.1

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: 19 January 2020

Philosophical Foundations of Proprietary Remedies

Philosophical Foundations of Proprietary Remedies

Chapter:
(p.281) 10 Philosophical Foundations of Proprietary Remedies
Source:
Philosophical Foundations of the Law of Unjust Enrichment
Author(s):

Lionel Smith

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199567751.003.0010

In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This chapter attempts to expose the philosophical and historical foundations of the most important category of proprietary remedies; namely, trusts arising by operation of law, including trusts over traceable proceeds. In so doing, it also explores the historical and philosophical foundations of all trusts, and emphasises the conceptual unity between constructive trusts and express trusts.

Keywords:   unjust enrichment, tracing, constructive trusts, proprietary remedies, operation of law, trusts, traceable proceeds

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 .