Chapter

Unjust Enrichment

Ernest J. Weinrib

in Corrective Justice

Published in print September 2012 | ISBN: 9780199660643
Published online January 2013 | e-ISBN: 9780191748288 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199660643.003.0007

Series: Oxford Legal Philosophy

Unjust Enrichment

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Unjust enrichment features a transfer of value that the transferee cannot justly retain. Accordingly, a theory of unjust enrichment must address three issues: First, what is the juridical significance of value? Second, what is a transfer of value? And third, what considerations render the transferee's retention of the value unjust? This chapter shows how the ideas of transfer of value and of the unjustness relevant to such transfer have the correlative structure that conforms to corrective justice. It thereby presents a corrective justice approach that integrates the various concepts that govern this basis of liability: enrichment, at the expense of another, absence of donative intent, incontrovertible benefit, and change of position. So understood, the obligation to make restitution instantiates Kant's conception of in personam rights as rights to the causality of another's will.

Keywords: unjust enrichment; value; incontrovertible benefit; change of position

Chapter.  19339 words. 

Subjects: Jurisprudence and Philosophy of Law

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