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Title: Unjust Enrichment and Contract
Authors: Jaffey, Peter
First Published: 3-Nov-2014
Publisher: Wiley
Citation: The Modern Law Review, 2014, 77 (6), pp. 983-993
Abstract: Benedetti v Sawiris was concerned with the measure of a quantum meruit, and in particular whether a ‘subjective’ or ‘objective’ measure should be preferred. The Supreme Court addressed the issue broadly in line with the approach in the mainstream academic literature on unjust enrichment, according to which this is a problem of how to measure benefit. The article argues that this unjust enrichment approach is misguided because it obscures the role of agreement and conflates transfer and exchange, and that a contractual analysis of the case would make the issues clearer and easier to resolve.
DOI Link: 10.1111/1468-2230.12099
ISSN: 0026-7961
eISSN: 1468-2230
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2014, The Author, © 2014 The Modern Law Review Limited. Deposited with reference to the publisher’s open access archiving policy.
Appears in Collections:Published Articles, School of Law

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