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Implied Contract and the Taxonomy of Unjust Enrichment

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Chapter Summary

This chapter focuses on the critique of the grid. It acknowledges that some of the criticisms levelled against the grid and the methodology it implies are sound. It looks at the critique raised against the Birksian grid and Birks' use of it as an analytical tool from which answers about the law can be inferred. The chapter concentrates on the developed theoretical attack of Geoffrey Samuel, but Hedley has made much the same point in a less overtly jurisprudential manner. It analyses the grid from a Dworkinian perspective; Birks' views sit within a Dworkinian framework. The second part of the chapter demonstrates that Hedley's implied contract theory impacts unhelpfully on the taxonomy; and that the theory does not provide a coherent category and Hedley's critique of unjust enrichment lawyers' view of contract as based on consent fails to prove its point.

Keywords: Birksian grid; contract theory; Dworkinian framework; Geoffrey Samuel; Hedley; unjust enrichment lawyers

10.1163/ej.9789004155633.i-342.50
/content/books/10.1163/ej.9789004155633.i-342.50
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