CHECK THESE SAMPLES OF English Law of Unjust Enrichment
"Between the Birksian Theory and the Traditional Approach in the English Law of Unjust Enrichment" paper explores the concept of unjust enrichment, a relevant and still-developing area of law in the United Kingdom.... Suppose there is no doubt that the law restitution of unjust enrichment exists.... Understanding that the law is inconsistent in terms of the definition of unjust enrichment, Professor Peter Birks created his own scheme of unjust enrichment definition....
28 Pages
(7000 words)
Essay
ndeed, even the larger fulcrum on which it rests - the broad concept of unjust enrichment - has been the source of vociferous disagreement.... The paper "Legal History, unjust enrichment" states that what is obvious in the line of cases cited is that there is a resistance to the idea of homosexuality and accommodating it as a concept in the discussion of gender discourse as it impacts law and breach of duty.... The road towards accepting free acceptance as an iron-clad principle in the law of restitution may appear tantalizing to some, but as many legal scholars have pointed out, it is a road fraught with many dangers....
9 Pages
(2250 words)
Essay
The paper "Equity, Conscience, And unjust enrichment" discusses the main thrust of the argument for integrating the systems of equity and common law that derives from the common sense position that coherently integrating the two branches and ensure the success of the modern common law.... and equitable rights and remedies cannot be ignored merely by the invocation of the language of restitution and unjust enrichment.... Despite the fact that the primacy of equity was reaffirmed in the Supreme Court Act 19814 s 49 (1), (2), Lord Diplock took the view that:Lord Browne-Wilkinson said in Tinsley v Milligan [1994]6 that english law was now a single law which was made up of legal and equitable interests, and a person owning either type of estate had a right of property amounting to a right in rem not merely a right in personam....
4 Pages
(1000 words)
Essay
hat this paper will attempt to do is to present a comparative overview of free acceptance, and to some extent, unjust enrichment, as it is applied in common law jurisdictions.... The road towards accepting free acceptance as an iron-clad principle in the law of restitution may appear tantalizing to some, but as many legal scholars have pointed out, it is a road fraught with many dangers.
... The only discernible trend is, as Hedley somewhat cynically puts it, “the willingness to make quite spectacular changes in the law when the judge's moral feelings are sufficiently outraged....
25 Pages
(6250 words)
Essay
The author argues in a well-organized manner that the law of the contract is not something classic, archaic, or out-of-date subject.... In a society, the law of contract is a means and method used for ensuring social order.... For each case that comes under the law of contract the approach implied is a mixture of both the classic and new models.... 2008)Proper law of contract is very important in a society where the trading and exchange of goods and services are important factors in maintaining the economic order....
10 Pages
(2500 words)
Assignment
This paper outlines errors in the law and in the judge's work, different cases in court and the legal problem of unjust rewards.... Money paid under a mistake of law should be recoverable on the same footing as money paid under a mistake of fact, subject in the same way to the defenses available in the law of restitution, which include the defense of change of position.... In recognizing and ruling for a mistake in law, the judges 'held(,) 'the mistake of law rule no longer forms part of english law....
8 Pages
(2000 words)
Literature review
he compensations as provided by the law only holds if indeed the information was false.... This paper "Liability of Hatchet & Company" focuses on the liability of Hatchet & Company for overstating the profits of the Giant public limited company (PLC), dashes through from the damages resulting from their misrepresentation....
8 Pages
(2000 words)
Essay
The free acceptance of the benefit which was a result of an unenforceable oral agreement was considered as a critical element in the law of unjust enrichment and in the claims of restitution.... It was recognized by High Courts that as far as equity and conscience were considered the free acceptance was the basis of unjust enrichment.... It was considered important for the emancipation of request and for the analysis of unjust enrichment.... "Australia Law Research: Restitution" paper examines the unjust enrichment from the perspective of different ideas on the subject as they evolved over years....
23 Pages
(5750 words)
Research Paper