Concepts of Unjust Enrichment
by
Allan Beever
Book Details
Format
Hardback or Cased Book
Book Series
Hart Studies in Private Law
ISBN-10
1509994122
ISBN-13
9781509994120
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jun 11th, 2026
Print length
304 Pages
Weight
600 grams
Dimensions
23.60 x 16.20 x 2.60 cms
Ksh 18,000.00
Manufactured on Demand
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A thought-provoking revision of the law of unjust enrichment, arguing that the dominant model conceptualising it is incoherent.
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.
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