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RDG
online Restitution Discussion Group Archives |
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It occasionally
is said that the law of restitution (at least in the subtractive enrichment
sense) is based upon a notion of corrective justice. The issue was explored
in Barker, "Unjust Enrichment: Containing the Beast" (1995) 15 OJLS 457.
Does anyone know of additional citations or have any thoughts on the matter?
Specifically, I am interested in the issue as it pertains to the second
element of the principle of unjust enrichment ("at the plaintiff's expense").
Mitchell McInnes
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