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The Concepts of Unjust Enrichment
Series: Hart Studies in Private Law
Brief Description
Unlike other areas of the private law, the law of unjust enrichment stands or falls with the theory upon which it is based. This theory, fashioned primarily by Peter Birks and continued by many other scholars, is known as the ‘dominant model’. The model employs a...
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Format: Hardback
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The Concepts of Unjust Enrichment
$42500
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A thought-provoking revision of the law of unjust enrichment, arguing that the dominant model conceptualising it is incoherent.
A thought-provoking revision of the law of unjust enrichment, arguing that the dominant model conceptualising it is incoherent.
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Description
Unlike other areas of the private law, the law of unjust enrichment stands or falls with the theory upon which it is based. This theory, fashioned primarily by Peter Birks and continued by many other scholars, is known as the ‘dominant model’.
The model employs a number of crucial concepts such as enrichment, benefit, value, and injustice. Unfortunately, the model has no coherent understanding of these things. Instead, it equivocates over the meanings of these concepts and at times adopts strange and even absurd understandings of them. It has to do this because the model does not work. The dominant model is a failure.
After revealing this, the book goes on to demonstrate how a more constrained and humble law of unjust enrichment might emerge from the wreckage of the dominant model. As scholarly doubts around the dominant model increase, this thought-provoking revision of unjust enrichment is both welcome and needed.
Series: Hart Studies in Private Law
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Book Details
INFORMATION
ISBN: 9781509994120
Publisher: Bloomsbury Publishing PLC
Format: Hardback
Date Published: 11 June 2026
Country: United Kingdom
Imprint: Hart Publishing
Audience: Professional and scholarly
DIMENSIONS
Spine width: 26.0mm
Width: 162.0mm
Height: 236.0mm
Weight: 600g
Pages: 304
About the Author
Allan Beever is Professor of Law at Auckland University of Technology.
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