From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 11/11/2013 13:41:19 UTC
Subject: Re: [RDG] Causes of Action

Duncan,

Perhaps not as theoretical as you are looking for, but there are helpful statements in Read v Brown (1888) 22 QBD 128 (CA), see in particular 129 (Pollock B) and 131 (Lord Esher MR); Do Carmo v Ford Excavations Pty Ltd (1984) 58 ALJR 287 (HCA) 292 (Wilson J); Cooke v Gill (1873) 8 CP 107 (CCP), see 116 (Lord Esher MR); Buckley v Hann (1850) 5 Ex 43, 155 ER 19.

In my book, I take the view that English law involves a number of causes of action within the category of unjust enrichment, which I think is uncontroversial (if often overlooked), but there are reasons to think Canadian law might be different (although I don’t think it is or ought to be).

Best,
Andrew

Andrew Lodder

Barrister

http://www.searsdavies.co.uk/e_assets_do-not-delete/oec/OEC_logo_long_v2.jpg

One Essex Court
Temple
London EC4Y 9AR

 

Direct Dial:

Switchboard:

+44 (0) 20 7520 4683

+44 (0) 20 7583 2000

Fax number:

+44 (0) 20 7583 0118

 

www.oeclaw.co.uk


The contents of this email are CONFIDENTIAL and may be PRIVILEGED. If you are not the intended recipient, please telephone (020) 7583 2000 and delete this email.

 


From: "Duncan Sheehan (LAW)" <Duncan.Sheehan@UEA.AC.UK>
Reply-To: "Duncan Sheehan (LAW)" <Duncan.Sheehan@UEA.AC.UK>
Date: Monday, 11 November 2013 13:19
To: <ENRICHMENT@LISTS.MCGILL.CA>
Subject: [RDG] Causes of Action

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

 

====

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>.

====

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>.