A question:

 

Does anybody know of anything written on what counts as a cause of action in terms of a theoretical account of what one is and how they work? I’m struggling with the question of whether Canadian unjust enrichment law has one cause of action or several: Garland v Consumer Gas (and others) talk of the cause of action in unjust enrichment, which given what it says the prerequisites are seems reasonable. Whatever you might think of what the SCC says, it does appear to be a single cause of action, but there are others (Bell Mobility v Anderson) that talk of several causes of action.

 

One point of attack seems to me to ask “what counts as a single cause of action?” but I’m struggling to find anything.

 

Duncan

 

Ps apologies if you get this twice

 

Professor Duncan Sheehan

Deputy Head of School

UEA Law

University of East Anglia

Norwich Research Park

Norwich

NR4 7TJ

 

Phone: +44(1603)593255

 

Papers at http://ssrn.com/author=648495

See my BePress site at http://works.bepress.com/duncan_sheehan