Law Publications
Title
Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment
Document Type
Article
Publication Date
2007
Volume
20
Issue
2
Journal
Canadian Journal of Law and Jurisprudence
First Page
275
URL with Digital Object Identifier
https://doi.org/10.1017/S0841820900004215
Last Page
296
Abstract
In this paper I reconsider the relation between property and unjust enrichment and respond to a recent argument that actions in unjust enrichment cannot be actions in corrective justice. I suggest that any analysis that regards actions in unjust enrichment as embodying principles of corrective justice requires supplementation by considerations that are, at bottom, proprietary in nature. I argue that there is no incompatibility in viewing actions in unjust enrichment as actions whose grounds are broadly proprietary in nature; that understanding unjust enrichment in this manner does not threaten its theoretical coherence; and that understanding unjust enrichment in this manner allows us to view actions in unjust enrichment as actions in corrective justice.
Citation of this paper:
“Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment,” Canadian Journal of Law and Jurisprudence 20:2 (2007): 275-296.