Introduction | |
A Restatement of the English Law of Unjust Enrichment | |
General | |
Restitution for unjust enrichment | |
Enrichment at the claimant's expense | |
When the enrichment is unjust | |
Defences | |
Restitutionary rights | |
Prevention of anticipated unjust enrichment | |
Enrichment at the Claimant's Expense | |
Enrichment | |
At the claimant's expense: general | |
At the claimant's expense: tracing | |
When the Enrichment is Unjust | |
Mistake | |
Duress | |
Undue influence | |
Exploitation of weakness | |
Incapacity of the individual | |
Failure of consideration | |
Ignorance or powerlessness | |
Fiduciary's lack of authority | |
Legal compulsion | |
Necessity | |
Factors concerned with illegality | |
Unlawful obtaining or conferral of a benefit by a public authority | |
Financial institutions and constructive notice | |
Defences | |
Change of position | |
Estoppel | |
Agency as defence | |
Counter-restitution | |
Purchaser in good faith, for value and without notice | |
Illegality as a defence | |
Resolved disputes | |
Limitation | |
Special statutory defences: passing on and prevailing practice | |
Contractual or statutory exclusion of restitution | |
Affirmation | |
Restitutionary Rights | |
Personal right to a monetary restitutionary award | |
Other restitutionary rights | |
Subrogation | |
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