A.S. Burrows
Author of Chemistry³: Introducing inorganic, organic and physical chemistry
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The law of restitution addresses the fact of unjust enrichment, by reversing it. In 1991, the House of Lords finally gave the subject its own independent imprimatur. Lipkin Gorman v Karpnale Ltd, (1991) 2 AC 548.
Essential Elements:
1. Is Defendant benefitted? (enriched)
2. Is Plaintiff harmed? (at Pl's expense)
3. Was the enrichment unjust?
4. Are there Defenses?
Defenses include Change of Position (detrimental reliance--first recognized in Lipkin), estoppel, counter-restitution impossible, incapacity, illegality, and bona fide purchase.
1. Is Defendant benefitted? (enriched)
2. Is Plaintiff harmed? (at Pl's expense)
3. Was the enrichment unjust?
4. Are there Defenses?
Defenses include Change of Position (detrimental reliance--first recognized in Lipkin), estoppel, counter-restitution impossible, incapacity, illegality, and bona fide purchase.
Statistics
- Works
- 22
- Members
- 209
- Popularity
- #106,075
- Rating
- 3.9
- Reviews
- 2
- ISBNs
- 73
- Languages
- 1