Mistaken Improvers and a Recognisable Law of Unjust Enrichment

Struan Scott

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Book chapter

Mistaken Improvers and a Recognisable Law of Unjust Enrichment

Struan Scott

Structure and Justification in Private Law: Essays for Peter Birks, pp.245-265

2008

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https://hdl.handle.net/10523/8944

Abstract

Law of restitution

Unjust enrichment

Property law

This chapter considers the application of the Birksian theoretical structure for restitution/unjust enrichment to cases involving mistaken improvers of land. This is a small but problematic area of the law. It raises the key issue of whether fault is (or should be) a relevant consideration for unjust enrichment claims.

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Record Identifier: 9926480329001891
Title: Mistaken Improvers and a Recognisable Law of Unjust Enrichment
Creators: Struan Scott
Contributors: C Rickett (Editor)
R Grantham (Editor)
Publication Details: Structure and Justification in Private Law: Essays for Peter Birks, pp.245-265
Academic Unit: Faculty of Law
Publisher: Hart Publishing
Date published ; e-published: 2008
Comment: This item is not available in full-text via OUR Archive. Where available, a link to the published version is provided (check the DOI and/or the Files and links section). The full-text item may be open access on the publisher's website. Alternatively, readers may have subscription access to the full-text from the publisher. A link to a legal, open access version may be available - check the Abstract for this information.
Language: English
Resource Type: Book chapter

Mistaken Improvers and a Recognisable Law of Unjust Enrichment

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