Enrichment at the Claimant's Expense

Attribution Rules in Unjust Enrichment

Nonfiction, Reference & Language, Law, Remedies, Contracts
Cover of the book Enrichment at the Claimant's Expense by Dr Eli Ball, Bloomsbury Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Dr Eli Ball ISBN: 9781782258407
Publisher: Bloomsbury Publishing Publication: December 15, 2016
Imprint: Hart Publishing Language: English
Author: Dr Eli Ball
ISBN: 9781782258407
Publisher: Bloomsbury Publishing
Publication: December 15, 2016
Imprint: Hart Publishing
Language: English

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise 'but for' each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise 'but for' each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.

More books from Bloomsbury Publishing

Cover of the book Badiou Reframed by Dr Eli Ball
Cover of the book The Historical Jesus: A Guide for the Perplexed by Dr Eli Ball
Cover of the book Eleanor Rigby by Dr Eli Ball
Cover of the book Understanding Urban Tourism by Dr Eli Ball
Cover of the book Muslim Identities and Modernity by Dr Eli Ball
Cover of the book 50 Years of the European Treaties by Dr Eli Ball
Cover of the book Causation in Negligence by Dr Eli Ball
Cover of the book German Special Forces of World War II by Dr Eli Ball
Cover of the book Little Women and Me by Dr Eli Ball
Cover of the book Escape from the Badlands by Dr Eli Ball
Cover of the book The Mommo Plays by Dr Eli Ball
Cover of the book Slow Finance by Dr Eli Ball
Cover of the book The Light That Gets Lost by Dr Eli Ball
Cover of the book The Rise of Henry Morcar by Dr Eli Ball
Cover of the book Colors in Fashion by Dr Eli Ball
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy