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Contract, Unjust Enrichment and Restitution: the Significance of Classification

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Chapter Summary

The author classifies legal claims by justificatory category relevant to legal reasoning where the law is unsettled, and it contributes to the development of the law by way of analogical reasoning. The theory of unjust enrichment, which holds that claims arising from the receipt of a benefit should be brought together for common treatment, amounts to the assertion that there is a justificatory category of unjust enrichment, based on a general principle of unjust enrichment. The recognition of a justificatory category of unjust enrichment seems to be based on the remedy-as-justification fallacy. Restitution is ostensibly a type of remedy, the remedy of restoring to the claimant money or property transferred from him to the defendant, or, the remedy of removing a benefit, or some part of a benefit, received by the defendant from the claimant or from elsewhere, and giving it to the claimant.

Keywords: claimant; contract law; defendant; justificatory category; restitution; theory of unjust enrichment



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