The best 3 or 4 contract/UE interface cases (Andrew Dickinson, 12 Jul 2000)

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Sender:	Andrew Dickinson
Date:	Wed, 12 Jul 2000 18:30:54 +0100
Re:	The best 3 or 4 contract/UE interface cases

I am a little surprised that the same Judge's decision in BP -v- Hunt did not make the top 5. As for 1-4, A-G -v- Blake would, for me, probably edge out Surrey CC and my selection from the Westdeutsche case would be Hobhouse J's judgment at first instance. Kleinwort Benson -v- Lincoln is another obvious choice.

-----Original Message-----

From: Gerard McMeel
Sent: Wednesday, July 12, 2000 6:03 PM
To: Mitchell McInnes
Cc: Neyers, Jason (JUS)
Subject: Re: RDG: The best 3 or 4 contract/UE interface cases
I should , of course, have mentioned, the decision of Robert Goff J in British Steel v Cleveland Bridge [1984] 1 All ER 504 (pre-contractual liability based on benefits received).

What is the report for this Canadian case?

Gerard McMeel

On Wed, 12 Jul 2000 12:32:09 -0400 Mitchell McInnes wrote:

Although (or perhaps because) the decision does not expressly discuss unjust enrichment, Bowlay Logging v Domtar, which is a staple of Canadian casebooks on contracts, provides a very good introduction to the intersection. Students can be primed in first year for the possibility that unjust enrichment may provide an alternative source of relief where a contractual claim fails.

Mitchell McInnes

----------------------
Gerard McMeel

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