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https://doi.org/10.1093/ojls/gqq024
Title: | Correcting unjust enrichments | Authors: | Simester, A.P. | Issue Date: | 2010 | Citation: | Simester, A.P. (2010). Correcting unjust enrichments. Oxford Journal of Legal Studies 30 (3) : 579-598. ScholarBank@NUS Repository. https://doi.org/10.1093/ojls/gqq024 | Abstract: | This review article examines R Chambers, C Mitchell and J Penner (eds), Philosophical Foundations of the Law of Unjust Enrichment. These sophisticated essays suggest that a corrective, bipolar analysis of autonomous unjust enrichment is broadly right. However, the normative rationale is complex. From the plaintiff's perspective, there are autonomy-based grounds for drawing an analogy to voidable rather than void property transactions. For similar reasons, the role of a corresponding-enrichment requirement primarily concerns identification of the defendant rather than establishing injustice. © The Author 2010. Published by Oxford University Press. All rights reserved. | Source Title: | Oxford Journal of Legal Studies | URI: | http://scholarbank.nus.edu.sg/handle/10635/45403 | ISSN: | 01436503 | DOI: | 10.1093/ojls/gqq024 |
Appears in Collections: | Staff Publications |
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