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Unjust Factors, Juristic Reasons and Contracts in Anglo-Canadian Law

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Chapter Summary

This chapter briefly examines the English conception of unjust enrichment and its relationship to the law of contract. The unjust enrichment phrase refers to the modern re-formulation of a variety of claims that historically reversed unwarranted transfers. The chapter considers the same issues from a Canadian perspective, both before and after the seminal decision in Garland v. Consumers' Gas Co. It also addresses some of the problems created by Canada's novel test of restitutionary liability, with a special focus on difficulties arising at the intersection between unjust enrichment and contract. The modern law of unjust enrichment in Canada is both confused and confusing. The source of the problems lies largely with the Supreme Court of Canada, which has, in the past quarter century, delivered a series of misleading and inconsistent judgments.

Keywords: Anglo-Canadian Law; law of contract; law of unjust enrichment



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