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‘Restitution Without Corrective Justice’

Saprai, P; (2006) ‘Restitution Without Corrective Justice’. Restitution Law Review , 14 41 - 54.

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Abstract

In recent times it has become increasingly popular for unjust enrichment lawyers to morally justify the law of unjust enrichment in terms of corrective justice. It is argued here that they are making a mistake. This is because corrective justice cannot justify what is generally regarded to be unjust enrichment's core case: the mistaken payment. In light of this, it is argued that there are good reasons for unjust enrichment lawyers to drop corrective justice altogether as a moral justification for the law of unjust enrichment.

Type: Article
Title: ‘Restitution Without Corrective Justice’
Location: UK
Publisher version: http://www.wildy.com/id/112931/restitution-law-rev...
Language: English
UCL classification: UCL > School of Arts and Social Sciences > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/76737
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