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Sender:
Israel Thomas
Date:
Tue, 19 Dec 2006 19:02:47 +1100
Re:
Mason J on Equity/Restitution

 

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.


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