The Scope and Structure of Unjust Enrichment

This ambitious restatement grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field.

If there is one field of private law that generates excessive debate and deliberation it is that of unjust enrichment. Even the basic structure of the subject is open to misunderstanding. Arguments range from whether there is a unified principle of unjust enrichment, to whether it should be considered as a branch of property or of the law of equity.

In this major critique of the subject, a leading private lawyer interrogates the ongoing criticisms of how the subject is constructed. Through a process of justification of unjust enrichment and responses to its critics, it presents a clearly articulated structure of this key branch of private law.