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RDG
online Restitution Discussion Group Archives |
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Robert Stevens wrote:
A
scholarly speech by Mason J to the English Chancery Bar Association
Mason's speech starts:
...
Each edition of Goff and Jones’ Law of Restitution
commences:
"Restitution is the law relating to all claims,
quasi-contractual or otherwise, which are founded upon the principle of
unjust enrichment. Restitutionary claims are to be found in equity as
well as at law." On the other hand, as I understand it, the Birksian view
is different. For instance, my copy of Birks, Unjust Enrichment
2nd edition avers:
... it was an error to regard unjust enrichment as coterminous
with restitution. It was no more than a part of the law of restitution
when that area of law was divided according to the different events from
which restitutionary rights arose. <== Previous message Back to index Next message ==> |
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