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Enrichment in the Law of Unjust Enrichment and Restitution: Hart Studies in Private Law – no. 3
Author(s): Andrew Lodder (Author)
- Publisher: Hart Publishing (UK)
- Publication Date: 6 July 2012
- Edition: 1st
- Language: English
- Print length: 276 pages
- ISBN-10: 1849463298
- ISBN-13: 9781849463294
Book Description
Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant’s legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the ‘at the expense of’ inquiry and the defence of change of position.
Editorial Reviews
Review
“..this book is so important. It unpacks enrichment in a clear, concise and digestible fashion. It presents a strong theoretical account, and aligns it with a detailed analysis of judicial decisions.
…a welcome addition to unjust enrichment scholarship. One hopes that the trend to which it belongs, of works unpacking and refining the different elements of restitution and unjust enrichment, will continue for many years to come.
Eli Ball
Law Quarterly Review
Volume 129″ —Law Quarterly Review. Volume 129
About the Author
Andrew Lodder is a Barrister of the Honourable Society of the Inner Temple and Attorney and Counsellor-at-Law in the State of New York. He was formerly a Lecturer in Law at Keble College and St Catherine’s College, Oxford.
