Defences in Unjust Enrichment

Description

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science. James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk. Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

This is a welcome addition to unjust enrichment scholarship, as the study of defenses (and the change of position defence in particular) has been central to the development of this area of law in recent years. [The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s]. [T]he various contributions in this volume provide the reader with state-of-the-art academic analysis of the law of unjust enrichment, together with the most relevant critique of this type of intellectual project. Together, they make for a thought-provoking collection for any reader interested in the fundamental problems of private law theory. -- Yotam Kaplan * New Private Law Blog * the editors and contributors are to be congratulated on a book which will stimulate further necessary debate about defences to unjust enrichment claims. It should be widely read and engaged with. I look forward to the next instalments in the editors' series, on defences in contract and equity. -- Mat Campbell * LLOYD'S MARITIME AND COMMERCIAL LAW QUARTERLY * this book ... contains a host of insights, suggestions and arguments that are sure to spawn the kind of new writing on unjust enrichment that is so essential if this area of law is to flourish on sound foundations. -- NICHOLAS J. MCBRIDE * The Cambridge Law Journal * Defences in Unjust Enrichment should enjoy a warm welcome from Canadian lawyers. Aside from the fact that three of the papers were written by Canadians, the work holds important lessons for the development of Canadian unjust enrichment under Garland. -- Mitchell McInnes, Faculty of Law, University of Alberta * Canadian Business Law Journal *