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Enrichment at the Claimant's Expense Dr Eli Ball

Enrichment at the Claimant's Expense By Dr Eli Ball

Enrichment at the Claimant's Expense by Dr Eli Ball


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Enrichment at the Claimant's Expense Summary

Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment by Dr Eli Ball

This book presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties a claimant and a defendant are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be enriched at the claimants expense. This book presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression enrichment at the claimants expense which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each partys exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test asking whether enrichment and loss arise but for each other provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment.

About Dr Eli Ball

Eli Ball is a Solicitor at Ashurst in Sydney, Australia. He was formerly a Lecturer in Law at Magdalen College and St John's College, Oxford.

Table of Contents

Part I Defining Enrichment and Loss 1. The Exchange Capacity 2. Enrichment 3. Loss Part II Connecting Enrichment and Loss 4. Connections 5. Generalisations 6. Transactions Part III Qualifying Liability 7. Qualification

Additional information

NLS9781509928880
9781509928880
150992888X
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment by Dr Eli Ball
New
Paperback
Bloomsbury Publishing PLC
2019-04-18
256
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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