Abstract
Australia presently stands at the crossroads with respect to restitutionary claims. The recent vehement critique of the classical unjust enrichment formula for grasping the nature of those claims deserves attention. It has ignited a new wave of scepticism, challenging the fundamentals of the formula and the very notion of unjust enrichment as a legitimate ground of liability in private law. Does this critique, made primarily in the UK context, apply to Australia? To answer this question this article presents the critique and contemplates whether it applies to the Australian landscape.
Original language | English |
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Pages (from-to) | 240-270 |
Number of pages | 31 |
Journal | The University of Western Australia Law Review |
Volume | 50 |
Issue number | 2 |
Publication status | Published - 1 Jun 2023 |