Why the public might doubt the idea of unjust enrichment

Restitutionary claims are important. They are even relevant to such scenarios as restitution of improperly collected taxes and mistaken payments. However, what is the organising idea behind these claims? This question is critical for clarifying the existing law and setting the scene for legal reform...

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Bibliographic Details
Published in:Alternative law journal 2024-11
Main Authors: Peari, Donna, Peari, Sagi
Format: Article
Language:English
Online Access:Get full text
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Summary:Restitutionary claims are important. They are even relevant to such scenarios as restitution of improperly collected taxes and mistaken payments. However, what is the organising idea behind these claims? This question is critical for clarifying the existing law and setting the scene for legal reform. For the first time, this article empirically tests the public’s perception of the current predominant rationale behind restitutionary claims – the notion of unjust enrichment. Since the findings question whether the public supports this rationale, the article joins the growing volume of literature which is sceptical of unjust enrichment.
ISSN:1037-969X
2398-9084
DOI:10.1177/1037969X241299898