Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment

TABLE OF CONTENTS
TABLE OF ABBREVIATIONS
TABLE OF CASES
TABLE OF LEGISLATION

INTRODUCTION
1. (A) AIM
2. (B) METHODOLOGY
(1) Common law reasoning
(2) A unifying legal concept
(C) NORMATIVITY
(D) STRUCTURE
(E) LIMITS

PART I: DEFINING ENRICHMENT & LOSS
CHAPTER 1: THE EXCHANGE CAPACITY
(A) CORRECTIVE JUSTICE
(1) Corrective justice and unjust enrichment
(2) The limits of corrective justice
(B) DEBUNKING TRANSFER OF VALUE
(C) VALUE AND EXCHANGE
(1) The necessity of exchange
(2) Formal to substantial
(3) Adjustment to money
(D) WHAT INTEREST ENGAGES UNJUST ENRICHMENT?
(1) The exchange capacity
(2) Freedom of will
(3) Quantification
(E) THE REMEDY FOR UNJUST ENRICHMENT
(1) Personal restitution
(2) Specific restitution
(a) Additional considerations
(b) Judicial reliance
(F) ENRICHMENT AND LOSS
vi CHAPTER 2: ENRICHMENT
(A) TWO KINDS OF ENRICHMENT
(B) ENRICHMENT AND THE EXCHANGE CAPACITY
(1) Factual enrichment and the exchange capacity
(a) Subsequent exchangeability
(b) Subjectivity of value
(i) Subjective devaluation
(ii) Subjective revaluation
(2) Legal enrichment and the exchange capacity
(a) Legal enrichment by acquisition of a right
(b) Legal enrichment by release of an obligation
CHAPTER 3: LOSS
(A) MUST THE CLAIMANT SUFFER A LOSS?
(1) Initial, not persisting, loss
(2) Different kinds of loss
(3) Loss and the exchange capacity
(4) Loss and opportunity
(B) IS RESTITUTION 'CAPPED' BY LOSS?
(1) 'Loss correspondence' and the exchange capacity
(2) 'Capping' and the exchange capacity

PART II: CONNECTING ENRICHMENT & LOSS
CHAPTER 4: CONNECTIONS
(A) SINGLE CONNECTIONS
(1) Acquisition of a right
(2) Discharge or release from an obligation
(3) Use of property
(4) Performance of a service
(5) Satisfaction of a request
(B) MULTIPLE CONNECTIONS
(1) Sequential connections: C to X to D
(2) Concurrent connections: C to X for D
(3) Interceptions: X to D, instead of C
CHAPTER 5: GENERALISATIONS
(A) TRANSFER
(1) The limits of transfer
(2) The taxonomical role of transfer
(B) CAUSAL AND COUNTERFACTUAL ANALYSES
(1) Non-causal counterfactuals
(2) Causal direction
(3) Counterfactual inquiry
(4) Limiting the counterfactual
(C) COUNTERFACTUAL INQUIRY AND THE EXCHANGE CAPACITY
CHAPTER 6: TRANSACTIONS
(A) FOLLOWING AND TRACING
(B) THE NATURE AND RATIONALES OF TRACING
(1) The nature of tracing
(a) Identification and justification
(b) Justification distinct from claiming
(c) Uniform rules of identification
(2) The rationales of tracing
(a) Tracing in equity
(b) Tracing at common law
(C) TRACING AND UNJUST ENRICHMENT
(1) Common law claims
(2) Equitable claims
(D) TRANSACTIONS AND THE COUNTERFACTUAL INQUIRY
(1) Transactions are sufficient, but not necessary
(2) Non-counterfactual transactions
(3) Counterfactual connection is the test of attribution
(E) TRACING AND PROPRIETARY RESTITUTION

PART III: QUALIFYING LIABILITY
CHAPTER 7: QUALIFICATION
(A) CONTRACT
(1) Contract bars recovery
(2) Contract conditions recovery
(3) Contract and the exchange capacity
(B) PROPERTY
(1) Services and marketable residua
(2) Property and the exchange capacity
(C) EQUITY
(D) INSOLVENCY
(E) ABANDONMENT
(F) PRAGMATIC CONSIDERATIONS
(G) GENERALISATION

CONCLUSION
BIBLIOGRAPHY