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Thesis

An inquiry into the philosophical foundations of the defendant's duty of restitution in unjust enrichment

Abstract:

The aim of this thesis is to uncover the philosophical foundations of the defendant's duty of restitution in the law of unjust enrichment. I argue that the current dominant account for the duty of restitution – that it is best explained by the model of corrective justice – is inadequate as it fails to accommodate two key features of an action in unjust enrichment, namely, the irrelevance of fault and the absence of causation. In place of corrective justice, I suggest three alternative models:...

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Wadham College
Role:
Author

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Division:
SSD
Department:
Law
Role:
Supervisor
Publication date:
2008
Type of award:
MPhil
Level of award:
Masters
Awarding institution:
Oxford University, UK
Language:
English
Keywords:
Subjects:
UUID:
uuid:7c824776-127f-427f-97c4-ba7ec0ceb141
Local pid:
ora:11399
Deposit date:
2015-05-08

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