Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Sun, 25 Feb 1996 22:36:23 -0700 |
| Re: |
Corrective Justice |
On 26 Feb, Mitchell
McInnes wrote:
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"). This is the first time I have had the pleasure of responding
to an email before it was sent. Such is the time difference between Melbourne
and Edmonton.
You might want to take a look at "Corrective Justice
and Wrongful Gain," Chapter 8 in Jules Coleman, Markets, Morals and
the Law (CUP, 1988).
Lionel Smith
Faculty of Law, University of Alberta
Edmonton, Alberta, Canada T6G 2H5
Tel 403 492 2599; Fax 403 492 4924
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