Year: 2021
Type: article
Abstract: The article examines a series of cases spanning a 250-year period in which the courts have awarded “mesne profits” against defendants who have occupied claimants’ land. The article argues (1) that various causes of action are disclosed by the facts of cases in which such awards have been made, (2) that these causes of action have changed as the law of obligations has evolved, (3) that modern courts often do not consider what causes of action are disclosed by the facts of “mesne profits cases”, (4) that this is unfortunate because practical consequences can flow from categorising the cases in one way or another and (5) that the resolution of future “mesne profits cases” will become more just and more transparent when it is understood that their facts may variously disclose causes of action in tort, contract or unjust enrichment.
Source: The Cambridge Law Journal
Authors: Charles Mitchell, Luke Rostill
Institutions: Sydney Local Health District, University College London
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W3133842212