What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring...
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are available where it...
Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the company are...
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory liability’ in that they...
What is the nature of the constructive trust? There are two categories of 'constructive trustee' as described by Lord Sumption in Williams: • the first category comprises...
What are proprietary remedies? General principles A proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie a damages claim...
This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been rescinded or a contract...
A proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie a damages claim for money). That is not to say then when considering...
When is quantum meruit and quantum valebat relevant? Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging...
What is unjust enrichment and when is it used? A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that someone else has...
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at the expense of...
What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a...
