The concepts of unjust enrichment / Allan Beever.

Oxford : Hart Publishing, 2026.

1st edition

203467

Unjust enrichment.

Restitution.

Introduction

1. The principle of unjust of enrichment

Part I: What is an enrichment?

2. The enrichment mystery

3. The law's test for enrichment

4. Enrichment and objectivity

5. Enrichment and economics

6. The law's objective test and (subjective) value

7. Relational value

Part II: Is the law of unjust enrichment about enrichment?

8. Enrichments that are not 'enrichments'

9. 'Enrichments' that are not enrichments

10. Subjective devaluation and freedom of choice

11. Concluding remarks on 'enrichment'

Part III: What is the injustice in an unjust enrichment?

12. Unjust enrichment as a moral principle

13. The adequacy of the principle against unjust enrichment

14. The injustice I: intention

15. The injustice II: effective but defective transfer

16. The injustice III: miscellaneous considerations

Part IV: What is the scope of unjust enrichment?

17. No transfer I: title

18. No transfer II: trusts

19. No transfer III: services

20. The wrong defect: transfers under contract

21. Miscellaneous issues

22. Conclusion.

Unlike other areas of the private law, the law of unjust enrichment stands or falls with the theory upon which it is based. This theory, fashioned primarily by Peter Birks and continued by many other scholars is known as the 'dominant model'. The model employs a number of crucial concepts such as enrichment, benefit, value, and injustice. Unfortunately, the model has no coherent understanding of these things. Instead, it equivocates over the meanings of these concepts and at times adopts strange and even absurd understandings of them. It has to do this, because the model does not work. The dominant model is a failure. After revealing this, the book goes on to demonstrate how a more constrained and humble law of unjust enrichment might emerge from the wreckage of the dominant model. As scholarly doubts around the dominant model increase, this thought-provoking revision of unjust enrichment is both welcome and needed. - Publisher's website.

Includes bibliographical references and index.

9781509994120

xii, 285 pages ; 25 cm