Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Relation between Contract and Unjust Enrichment byStephen Waddams

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Since the middle of the twentieth century, the attention of those interested in the mutual inter-relationship of concepts in Anglo-American private law has been concentrated on emphasizing the separation of the concepts of contract and unjust enrichment. This emphasis was natural enough when understood as opposition to earlier attempts to subordinate unjust enrichment to contract. The two concepts interact in several ways, and for several reasons. Each of the instances given by Lord Mansfield commonly arises in a contractual setting, and inevitably raises the question of the relevance to the mutual rights and obligations of the parties of the contract between them. In terms of 'juridical reason', the contract supplies a juridical reason for the enrichment if, but only if, it can fairly be interpreted to entitle the recipient to retain it.

Keywords: Anglo-American private law; contract; juridical reason; Lord Mansfield; mutual rights; unjust enrichment



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Re-examining Contract and Unjust Enrichment — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation