Unjust Enrichment: A Critique of Birks's Formula - Rajiv Shah; | Foyles Bookstore
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Unjust Enrichment: A Critique of Birks's Formula
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Unjust Enrichment: A Critique of Birks's Formula (Hardback)

Awaiting publication


This book challenges the orthodox approach to the analysis of unjust enrichment, developed by Peter Birks and adopted by the House of Lords and Supreme Court in a series of later decisions.

It does so in 3 ways. First, the book argues that the Birksian model fails to fit some typical situations unless the language of the formula is stretched to the point of being artificial. For example, "enrichment" is now just a term of art.

Secondly, the Birksian model fails to provide a normative justification for the courts awarding recovery in unjust enrichment claims. For example, it offers no explanation on the basis on which an "unjust factor" should be categorised as "unjust".

Thirdly, and most fundamentally, the book rejects the Birksian approach of adopting a top-down academic theory of unjust enrichment and ignoring the authorities which pre-date its adoption by the House of Lords. Instead, the book seeks to arrive at a theoretical understanding of unjust enrichment by tracing the historical development of this area of the law through the authorities and commentaries from the 18th century onwards, and analysing the reasoning of the judges and scholars.

LawLaws of Specific jurisdictionsPrivate / Civil law: general works Publisher: Bloomsbury Publishing PLC Publication Date: 15/06/2023 ISBN-13: 9781509932245  Details: Type: Hardback Format: Books
Availability: Awaiting publication Pre-Order

Rajiv Shah completed a PhD in Law at the University of Cambridge, United Kingdom.

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