Restitution Discussion Group Archives
| Sender: |
Jason Neyers |
| Date: |
Thu, 4 Sep 2003 12:12:57 -0400 |
| Re: |
Something Interesting? |
Dear Colleagues,
I was just reading Professor Birks' new article (brought
to our attention by Lionel, see Peter B.H. Birks (2003) "A Letter to America:
The New Restatement of Restitution", Global Jurist Frontiers: Vol. 3:
No. 2, Article 2. Online at http://www.bepress.com/gj/frontiers
/vol3/iss2/art2) and was surprised to find that it appears that he
has now moved away from the unjust factors language to a formulation of
the law in terms of "lack of explanatory basis" or in Canadian terms a
"lack of juristic reason" (see p. 15). As he notes in fn. 39: "Since the
swaps cases it seems that, unless their reasoning is to be rejected entirely,
'unjust' must be discussed in this civilian manner". Music to this Canadians
ears!
Sincerely,
--
Jason Neyers
Assistant Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435
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