
Contents
-
-
-
-
-
-
-
-
1. The Relevance of Enrichment 1. The Relevance of Enrichment
-
(A) Unjust Enrichment or Unjust Benefit? (A) Unjust Enrichment or Unjust Benefit?
-
(B) Different Senses of Enrichment (B) Different Senses of Enrichment
-
(C) The Essence of Enrichment (C) The Essence of Enrichment
-
(i) The Objective Test of Enrichment (i) The Objective Test of Enrichment
-
(1) The Nature of the Objective Test (1) The Nature of the Objective Test
-
(2) Positive and Negative Enrichment (2) Positive and Negative Enrichment
-
(3) Receipt of Enrichment (3) Receipt of Enrichment
-
-
(ii) The Subjective Test of Enrichment (ii) The Subjective Test of Enrichment
-
-
-
2. Particular Types of Enrichment 2. Particular Types of Enrichment
-
(A) Money (A) Money
-
(i) Exchange Value (i) Exchange Value
-
(ii) Opportunity Value (ii) Opportunity Value
-
(1) Sempra Metals v IRC (1) Sempra Metals v IRC
-
(2) Prudential Assurance Co Ltd v HMRC (2) Prudential Assurance Co Ltd v HMRC
-
(3) Should Opportunity Value of Money Be Recognized as an Enrichment? (3) Should Opportunity Value of Money Be Recognized as an Enrichment?
-
-
-
(B) Property (B) Property
-
(C) Services (C) Services
-
(i) Services Resulting in an End Product (i) Services Resulting in an End Product
-
(ii) Pure Services (ii) Pure Services
-
-
(D) Release of Obligations (D) Release of Obligations
-
(E) Miscellaneous Enrichments (E) Miscellaneous Enrichments
-
-
3. Methods of Defeating Subjective Devaluation 3. Methods of Defeating Subjective Devaluation
-
(A) Incontrovertible Benefit (A) Incontrovertible Benefit
-
(i) Money (i) Money
-
(ii) Anticipation of Necessary Expenditure (ii) Anticipation of Necessary Expenditure
-
(1) By Operation of Law (1) By Operation of Law
-
(2) Factually Necessary Expenditure (2) Factually Necessary Expenditure
-
-
(iii) Failure to Return Property (iii) Failure to Return Property
-
(iv) Benefit Realized in Money (iv) Benefit Realized in Money
-
(1) Identification of an Enrichment (1) Identification of an Enrichment
-
(2) Identification of a Ground of Restitution (2) Identification of a Ground of Restitution
-
(3) Passive or Active Claim? (3) Passive or Active Claim?
-
-
(v) Benefit Realizable in Money (v) Benefit Realizable in Money
-
-
(B) Request (B) Request
-
(C) Free Acceptance (C) Free Acceptance
-
(i) The Elements of Free Acceptance (i) The Elements of Free Acceptance
-
(ii) The Function of Free Acceptance (ii) The Function of Free Acceptance
-
-
-
4. Restitution without Enrichment 4. Restitution without Enrichment
-
5. Part Performance of a Contract 5. Part Performance of a Contract
-
(A) The Defendant Completed the Work (A) The Defendant Completed the Work
-
(B) The Defendant Prevented the Claimant from Performing (B) The Defendant Prevented the Claimant from Performing
-
(C) The Claimant Breached the Contract (C) The Claimant Breached the Contract
-
(D) The Contract was Frustrated (D) The Contract was Frustrated
-
(E) Entire Contract (E) Entire Contract
-
-
6. The Valuation of the Enrichment 6. The Valuation of the Enrichment
-
(A) Timing of the Valuation (A) Timing of the Valuation
-
(B) The Test of Valuation (B) The Test of Valuation
-
(i) Subjective Over-Valuation (i) Subjective Over-Valuation
-
(ii) Valuing Services (ii) Valuing Services
-
(iii) Valuing goods (iii) Valuing goods
-
(iv) Estoppel (iv) Estoppel
-
-
(C) The Role of the Contract in the Valuation of the Enrichment (C) The Role of the Contract in the Valuation of the Enrichment
-
(i) The Contract Price Should Operate as a Ceiling to the Valuation of the Benefit (i) The Contract Price Should Operate as a Ceiling to the Valuation of the Benefit
-
(ii) The Contract Price Should Not Operate as a Ceiling to the Valuation of the Benefit (ii) The Contract Price Should Not Operate as a Ceiling to the Valuation of the Benefit
-
-
(D) Inadequate Performance (D) Inadequate Performance
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Cite
Abstract
This chapter examines the meaning of enrichment for the purposes of the Law of Unjust Enrichment. It considers the significance of the distinction between enrichment and benefit. It identifies the tests for the objective identification of an enrichment, with regard to the objective value and the market value of an enrichment and the relevance of receipt. It considers subjective devaluation and the circumstances when the defendant cannot rely on this defence, namely where the enrichment was requested, where it was incontrovertibly beneficial, and where it has been freely accepted. Different types of enrichment are considered, namely money (both exchange value and opportunity value), goods, and services. Exceptional circumstances where restitution might be awarded without enrichment are analysed. Finally, principles relating to the valuation of the enrichment are considered.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
June 2024 | 15 |
July 2024 | 17 |
August 2024 | 59 |
September 2024 | 50 |
October 2024 | 54 |
November 2024 | 47 |
December 2024 | 32 |
January 2025 | 9 |
February 2025 | 27 |
March 2025 | 61 |
April 2025 | 51 |
May 2025 | 5 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.