Defences in Unjust Enrichment

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science.James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk. Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

This is a welcome addition to unjust enrichment scholarship, as the study of defenses (and the change of position defence in particular) has been central to the development of this area of law in recent years. [The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s].[T]he various contributions in this volume provide the reader with state-of-the-art academic analysis of the law of unjust enrichment, together with the most relevant critique of this type of intellectual project. Together, they make for a thought-provoking collection for any reader interested in the fundamental problems of private law theory.

• 1. Defences in Unjust Enrichment: Questions and Themes ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH2. Defences and the Disunity of Unjust Enrichment LIONEL SMITH3. Defence, Denial or Cause of Action? ‘Enrichment Owed’ and the Absence of a Legal Ground HELEN SCOTT4. What Kind of Defence is Change of Position? DENNIS KLIMCHUK5. The Unity of Pre-receipt and Post-receipt Detriment AJAY RATAN6. Proprietary Restitution and Change of Position ROBERT CHAMBERS7. Change of Position: Outstanding Issues ELISE BANT8. The Defence of Illegality in Unjust Enrichment GRAHAM VIRGO9. Minority and Unjust Enrichment Defences BIRKE HÄCKER10. Defences to Restitution Between Victims of a Common Fraud ANDREW KULL11. Bona Fide Purchase as a Defence in Unjust Enrichment SONJA MEIER12. Counterfactual Arguments Against Woolwich Liability CHARLES MITCHELL13. Theory and Practice ROBERT REED