Mitchell, C;
(2017)
Unjust Factors and Three-Party Cases.
Restitution Law Review
, 25
pp. 223-237.
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Abstract
Claims in unjust enrichment have succeeded against “innocent” defendants in cases where a third party besides the claimant and the defendant was involved in the mechanism by which the defendant was enriched, and/or in the reasons why the defendant’s enrichment was unjust. The article examines the different conclusions that can be drawn from such cases about the content and purposes of unjust factors based on defects in the claimant’s intention to confer a benefit, particularly those which are often said to concern defendant fault or knowledge as well. The article rejects the view that the cases make it impossible to think that defendant fault or knowledge is an element of such unjust factors.
| Type: | Article |
|---|---|
| Title: | Unjust Factors and Three-Party Cases |
| Open access status: | An open access version is available from UCL Discovery |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/1559235 |
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