Unjust Enrichment and Countervailing Obligations | 2025

Unjust Enrichment and Countervailing Obligations | 2025

This book delves into the connection between the English law of unjust enrichment and legal obligations from other areas of law.

It primarily investigates how English courts handle conflicts between restitution claims and competing legal rights, an issue highlighted by recent cases like IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd, which demonstrate the varying judicial approaches.

By incorporating insights from unjust enrichment theory into Anglo-Australian case law, this study offers a clear and well-reasoned explanation of a complex legal issue.

Contents of Unjust Enrichment and Countervailing Obligations

1. The Good Consideration Rule and the Obligation Rule
2. The Enrichment Explanation
3. Objections and Alternative Explanations
4. Bright-Line Rule or Flexible Exception
5. The Subsidiarity of Unjust Enrichment
6. The Obligation Rule in the 'Fairchild Enclave'
7. An Entitlement Explanation
8. A Corrective Justice Explanation
9. Consequences of the Equality Explanation

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