Is There an ‘Unjust Enrichment Disaster’ in Australia?

Sagi Peari, Luke Bennett

Research output: Contribution to journalArticlepeer-review

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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 languageEnglish
Pages (from-to)240-270
Number of pages31
JournalThe University of Western Australia Law Review
Volume50
Issue number2
Publication statusPublished - 1 Jun 2023

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