Mitchell, C;
Rostill, L;
(2021)
Making Sense of Mesne Profits: Causes of Action.
Cambridge Law Journal
, 80
(1)
pp. 130-155.
10.1017/S0008197320000860.
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Abstract
The article examines a series of cases spanning a 250-year period in which the courts have awarded “mesne profits” against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of action have changed as the law of obligations has evolved, (3) that modern courts often do not consider what causes of action are disclosed by the facts of “mesne profits cases”, (4) that this is unfortunate because practical consequences can flow from categorising the cases in one way or another and (5) that the resolution of future “mesne profits cases” will become more just and more transparent when it is understood that their facts may variously disclose causes of action in tort, contract or unjust enrichment.
| Type: | Article |
|---|---|
| Title: | Making Sense of Mesne Profits: Causes of Action |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1017/S0008197320000860 |
| Publisher version: | https://doi.org/10.1017/S0008197320000860 |
| 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. |
| Keywords: | mesne profits, damages, remedies, trespass to land, tolerated trespassers, landlord and tenant, unjust enrichment |
| UCL classification: | UCL 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/10115630 |
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