The yoking of unconscionability and unjust enrichment in Australia


Autoria(s): McConvill, James; Bagaric, Mirko
Data(s)

01/01/2002

Resumo

Given problems with, and judicial criticism of, unjust enrichment as a principle, it is necessary and appropriate that unjust enrichment be subsumed by the expanding doctrine of unconscionability - could create a unifying concept which can be applied to achieve justice in a variety of different contexts - triggers for equitable intervention to reverse or adjust transfers of resources on the basis of unconscionability - where there is neither real consent or real consideration - where either variable is absent and it is unclear whether the other is satisfied - approach would inject principle into unconscionability and explain and justify the need for reversing or adjusting the transfer of property or other resources in some circumstances.<br />

Identificador

http://hdl.handle.net/10536/DRO/DU:30008562

Idioma(s)

eng

Publicador

School of Law, Deakin University

Relação

http://dro.deakin.edu.au/eserv/DU:30008562/n20021205.pdf

http://search.informit.com.au/documentSummary;dn=20031018;res=AGISPT

Palavras-Chave #Restitution
Tipo

Journal Article