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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment

Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment

Chapter:
(p.430) (p.431) 34 Thinking About Some Scots Law: Lord Rodger and Unjustified Enrichment
Source:
Judge and Jurist
Author(s):

Robin Evans-Jones

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0034

This chapter assesses Alan Rodger's contribution to the Scots law of unjustified enrichment. It focuses on Dollar Land (Cumbernauld) v CIN Properties Ltd. The case was appealed twice to the House of Lords but has not been widely commented upon probably because, as decided, it does not concern unjustified enrichment but rather affirms the well-known rule that an enrichment claim is excluded by the express terms of a contract. The case is significant because when the appeal was before the Court of Session for the second time (1996) Lord Rodger of Earlsferry gave a dissenting opinion. He remained in a minority of one in favour of allowing a claim of unjustified enrichment; the majority, at all stages in the appeal, was not.

Keywords:   Alan Rodger, unjustified enrichment, Scots law, dissenting opinion, judgment

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