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Corrective justice and unjust enrichment

Authors: Matthew Doyle;

Corrective justice and unjust enrichment

Abstract

An important theoretical account of private law explains it in terms of corrective justice. Ernest Weinrib in particular has argued that private law is the instantiation of a particular form of corrective justice; one which invests the Aristotelian notion with elements of Kant’s concept of right. The early battleground for Weinrib’s theory was tort law. A debate has also occurred in contract law, thanks in large part to the work of Peter Benson. More recently, the focus has shifted to consider whether Weinrib’s theory can account for another major area of the private law, unjust enrichment. This article argues that Weinrib’s theory cannot explain the duty to restore which arises in cases where the defendant plays no role in the sequence of events that result in the conferral of the enrichment.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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