Talk:Unjust enrichment

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I am thinking of doing a thorough overhaul of this page and linking it more closely to the page on restitution. This would probably involve large-scale alterations to the introductory section on the unjust enrichment page. I would leave the section on the United States entirely intact as I am English and would not be qualified to amend it. The structure I propose to use is explained on the discussion part of the restitution page. Any objections?

As proposed, I have now amended this page. Comments and complaints are welcome. --Tinnymeup 23:43, 25 January 2006 (UTC)

Overall I think this is a great article. My only complaint is about the unusual and inexplicable focus on the concept of Unjust Enrichment in North Dakota of all places. Why is this included? It just seems to have the potential of unnecessarily confusing all of us non-North Dakotans in both the Civil and Common Law world. Unjust Enrichment is a concept applied in the legal systems of a vast array of Western legal jurisdictions, and should be described as such. But like I said, other than that, the author of this article did a great job. Loomis51 20:28, 10 March 2006 (UTC)

Thanks. I agree that the section on North Dakota is a bit out of place. It pre-dates my involvement with this page (it is the only bit i did not re-write) and I didn't know whether it was ok to just go ahead and delete it. Certainly I have no objections to getting rid of it if everyone thinks it should go. --Tinnymeup 21:14, 15 March 2006 (UTC)

I agree - great page whoever did it [presumably someone else who studied at the feet of Peter Birks from its tenor... :-)], but I'd personally like to see a merger between "unjust enrichment" and "restitution". Personally, I'd redirect restitution here, with perhaps just a couple of explantatory comments about the concept of the remedy (restitution) and the wrong (unjust enrichment). Might also benefit from (i) a quick summary of the development of a separate concept of the law of restitution, and (ii) a brief synopsis of proprietary and personal remedies in this field [but don't take that as a criticism]. Legis 13:53, 12 June 2006 (UTC)

==> I disagree as to a merger between Unjust Enrichment and Restituion. The former is a causative event, the latter a response. Morever, unjust enrichment is not the only causative event that gives rise to restitution. It is therefore important to keep the two separated. Moreover, reference to unjust enrichment as a wrong is not correct: it sits alongside consents and wrongs as an independent source of obligation.

This is a very good article, as are several others on the subject of remedies that I assume are by the same author. Thanks. I visit Wikipedia everyday, but am disappointed with articles nearly as often. This is one of the best that I have ever seen. My only suggestion...please keep going. Among other things, there should be much better pages on the subject of remedies in general, and damages in particular. If you have time, of course ... :) 66.171.197.20 01:22, 28 July 2006 (UTC)

Initially, I was alarmed when I saw the note proposing merging this article with restitution, which I consider a dependent but separate subject. As long as they link and remain compartmentalized, that works for me.

I interpreted the North Dakota references to be examples of evolution of common law (Massachusetts law is also mentioned) and not necessarily something that should be ripped out.

Of course US law largely refers to the UCC based upon English law before that, but this brings me to a new question: For our Australian, Canadian, British, Irish, and other English-speaking brethren (sisthren?), how do we provide easily-referenced articles useful to all national interests?

--UnicornTapestry 12:19, 20 September 2007 (UTC)

[edit] Importance of the decision reached in Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516

In terms of Australian Common Law the judgement by Gummow J in Roxborough v Rothmans of Pall Mall Australia Ltd, questioned whether "unjust enrichment" will ever become a separate legal principle in itself. Therefore this must be considered in terms of whether to merge it with restitution or keep it as a entity on its own.

Also other cases in regard to unjust enrichment and restitution need to be taken into consideration on the standpoint of Australian Common Law: These include:

1. The judgement by Dawson J in David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353 406: "unjust enrichment does not itself constitute a cause of action"

2. Baltic Shipping Co v Dillon (1993) 176 CLR 344 at 375 where Deane and Dawson JJ stated where a action by the respondent in restitution was founded on the category of unjust enrichment.

--Beckhendrix996 (talk) 06:47, 29 November 2007 (UTC)