This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly,...
This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, (b) subsisting,...