======================================================================= == Date: Mon, 18 Dec 2006 21:13:14 +0000 Reply-To: Robert Stevens Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Robert Stevens Subject: Mason J on Equity/Restitution Content-Type: text/plain Content-Disposition: inline Content-Transfer-Encoding: 7bit MIME-Version: 1.0 A scholarly speech by Mason J to the English Chancery Bar Association http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/pages/SCO _mason271106 (Even though he can't spell Hoffmann). Robert Stevens Barrister University of Oxford ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, . ======================================================================= == Date: Tue, 19 Dec 2006 19:02:47 +1100 Reply-To: Israel Thomas Sender: Enrichment - Restitution & Unjust Enrichment Legal Issues From: Israel Thomas Subject: Re: Mason J on Equity/Restitution In-Reply-To: <20061218211314.7C57387049@webmail223.herald.ox.ac.uk> MIME-Version: 1.0 Content-Type: text/plain; charset=windows-1252; format=flowed Content-Transfer-Encoding: quoted-printable Robert Stevens wrote: > A scholarly speech by Mason J to the English Chancery Bar Association > > http://www.lawlink.nsw.gov.au/lawlink/Supreme_Court/ll_sc.nsf/pages/SC > O= _mason271106 > > =20 Mason's speech starts: "Each edition of Goff and Jones=92 /Law of Restitution/ commences: "Restitution is the law relating to all claims, quasi-contractual or=20 otherwise, which are founded upon the principle of unjust enrichment.=20 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=20 restitution. It was no more than a part of the law of restitution when=20 that area of law was divided according to the different events from=20 which restitutionary rights arose" ____________________________________________________________________ This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to . To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to . The list is run by Lionel Smith of McGill University, .