From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 30/10/2012 20:29:25 UTC
Subject: [RDG] AW: [RDG] UE and Comparative Law
Dear all,

list members might also be interested in the very interesting article by

Jacques H. du Plessis

on "Comparison and Evaluation: Lessons from Enrichment Law", which appeared in Rabels Zeitschrift für ausländisches und internationales Privatrecht, volume 76 (2012) at 947 seqq.

It is contained in the Festheft for Reinhard Zimmermann´s  60th birthday.

Jacques discusses several criteria (such as intuitive appeal, elegance, transplantability and else) to evaluate approaches to structure liability in restitution/ue.

Having the benefit of coming from a mixed legal system, J. includes and discusses not only common law approaches but also those of South African, Scots and (last not least) German law.

Interesting topic, and great reading!

Regards

Johann

--- Lionel Smith, Prof. <lionel.smith@MCGILL.CA> schrieb am Mo, 29.10.2012:

Von: Lionel Smith, Prof. <lionel.smith@MCGILL.CA>
Betreff: [RDG] UE and CJ
An: ENRICHMENT@LISTS.MCGILL.CA
Datum: Montag, 29. Oktober, 2012 16:26 Uhr

List members might be interested in a recent article by list member Matthew Doyle, which argues that Weinrib's account of unjust enrichment in terms of corrective justice is defective. (The competing account of L. Smith is also said, in passing, to be inadequate.)

M. Doyle, "Corrective Justice and Unjust Enrichment" (2012) 62 UTLJ 229.

Lionel

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This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.