Reason and Restitution: A Theory of Unjust Enrichment

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Charlie Webb (Associate Professor, Associate Professor, London School of Economics and Political Science)

Reason and Restitution

A Theory of Unjust Enrichment

Charlie Webb (Associate Professor, Associate Professor, London School of Economics and Political Science)

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English

Oxford University Press
23 February 2016

Jurisprudence & philosophy of law; Restitution; Private & Civil law: general works; Property law

Series: Oxford Legal Philosophy

In law, gains, like losses, don't always lie where they fall.

The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers.

The same cannot be said, however, of the reasons for ordering restitution of such gains.

It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes.

Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims.

If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond.

Reason and Restitution

examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims.

The identity of these reasons matters.

For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons.

But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.

By: Charlie Webb (Associate Professor Associate Professor London School of Economics and Political Science)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 239mm, Width: 163mm, Spine: 24mm
Weight: 568g
ISBN: 9780199653201
ISBN 10: 0199653208
Series: Oxford Legal Philosophy
Pages: 272
Publication Date: 23 February 2016
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Charlie Webb is an Associate Professor in the Law Department of the London School of Economics and Political Science. He is a graduate of Oxford, UCL, and LSE and previously taught at University College, Oxford. He writes on various aspects of private law theory.