Law Publications

Title

Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment

Document Type

Article

Publication Date

2007

Journal

Canadian Journal of Law and Jurisprudence

Volume

20

Issue

2

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.

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