Work

Why the public might doubt the idea of unjust enrichment

Year: 2024

Type: article

Abstract: 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.

Source: Alternative Law Journal

DOI: 10.1177/1037969x241299898

Authors: Donna Peari, Sagi Peari

Institution: The University of Western Australia

Language: English

Topic: Legal principles and applications

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,450