Unjust Enrichment and Countervailing Obligations

Name: Unjust Enrichment and Countervailing Obligations
Brand: Hart Publishing
SKU: 9781509966431
Price: 528.65 HKD
Availability: PreOrder
Author: K.V. Krishnaprasad
ISBN: 9781509966431

By K.V. Krishnaprasad

Coming Soon Hart Publishing Available July 2026

Specifications

ISBN-13: 9781509966431
Publisher: Hart Publishing
Publication: July 2026
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law.

It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question.

By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.

1. The Good Consideration Rule and the Obligation Rule

2. The Enrichment Explanation

3. Objections and Alternative Explanations

4. Bright-Line Rule or Flexible Exception

5. The Subsidiarity of Unjust Enrichment

6. The Obligation Rule in the 'Fairchild Enclave'

7. An Entitlement Explanation

8. A Corrective Justice Explanation

9. Consequences of the Equality Explanation

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