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As a defence, illegality implies that the plaintiff's own illegal or immoral conduct can defeat a claim in unjust enrichment which would otherwise lie. Whether or not illegality can also serve as a gr...
The Role of Illegality in the English Law of Unjust Enrichment
Unjust Enrichment English Law
2015/8/5
When English unjust enrichment lawyers talk of "illegality", they generally do so in the context of the unravelling of partly-performed illegal contracts. Two parties enter into an illegal contract. W...
If someone were asked, as I was, to write a paper dealing with "proprietary issues" in the law of unjust enrichment, he or she would most naturally think of proprietary consequences: that is, the exte...
Unjust Enrichment Understood as Absence of Basis: a Critical Evaluation with Lessons from Canada
Absence of Basis Canada
2015/8/4
Much has been written about the merits and demerits of shifting to a civilian analysis. By and large, this valuable body of scholarship has evaluated the question from a theoretical perspective by con...