Restitution and unjust enrichment
In recent years the law of restitution and unjust enrichment 1 has assumed increased importance in commercial litigation: the English courts have handed down a number of significant judgments developing this area of the law, 2 and the last 20 years have seen a deluge of academic literature on the law of unjust enrichment and restitution. A number of theories have been advanced in an attempt to explain the case law. 3 This area of law even has its very own US-style ‘Restatement’. 4
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