Unjustified Enrichment Flashcards Preview

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Flashcards in Unjustified Enrichment Deck (19)
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1

What are the three grounds unjustified enrichment can be claimed on?

> By transfer
> By imposition
> By taking

2

What is unjustified enrichment?

It is where one person has benefited in property or money through actions or circumstances which the law sees as unjust, at the expense of another person

3

An example of unjustified enrichment is...

For example, suppose that a property owner hires a contract to install windows in their home. Next, suppose that the contract was terminated prematurely due to a breach, and only half of the windows were installed. Then suppose that the property owner refuses to pay for the work that was partially completed.

4

What is the quote said by Lord Rodger in the case of Shilliday v Smith?

"A person may be said to be unjustly enriched at another's expense when he has obtained a benefit from the other's acting or expenditure, without there being a legal ground which would justify him in retaining that benefit."

5

Who said the following quote and in what case:

"A person may be said to be unjustly enriched at another's expense when he has obtained a benefit from the other's acting or expenditure, without there being a legal ground which would justify him in retaining that benefit."

Lord Rodger in the case of Shilliday v Smith

6

How can you prove enrichment has occurred?

Has the person had an increase in assets or a decrease in liabilities?

Is the person recieving a service or having work done?

Is the person making use of anothers' assets?

7

What is enrichment by imposition?

P enriches D by an ac other than transfer without D's consent.

8

What is enrichment by transfer?

P acts to transfer benefit to D. D consents by receiving.

9

What is enrichment by taking?

D enriches him/herself by the use of P's property or rights without D's consent or authorisation.

10

What is the remedy of unjustified enrichment?

The remedy is to reverse the enrichment, not to compensate losses.

11

How do you reverse the benefit if unjustified enrichment has occurred by transer?

The sum or property transferred/gained.

12

How do you reverse the benefit if unjustified enrichment has occurred by imposition (not property)?

The debt is paid or the value of the benefit of services.

13

How do you reverse the benefit if unjustified enrichment has occurred by imposition (property)?

Where the loss is greater than the enrichment the enrichment is reversed;
But where the enrichment is greater than the loss the loss places a ceiling on the reversal.

14

How do you reverse the benefit if unjustified enrichment has occurred by taking?

Reversal is based on the value the taker would have paid had he had to bargain for the use taken

15

Can a claim be made for consequential gains?

No

16

What is the quote by Lord Hope in relation to unjustified enrichment?

"In general terms it may be said that the remedy is available where the enrichment lacks a legal ground to justify the retention of the benefit. In such circumstances it is held to be unjust"

17

Who says this quote:
"In general terms it may be said that the remedy is available where the enrichment lacks a legal ground to justify the retention of the benefit. In such circumstances it is held to be unjust"

Lord Hope.

18

What would some justifications be for someone to retain the benefit (therefore removing the laim of unjustified enrichment)?

> Unconditional gift
> Donation
> Performance of a valid contract.

19

When an unjustified enrichment case comes to the court, is the onus on the person who has been enriched or the person who's at the expense of enrichment to prove why enrichment should/shouldnt be reversed

The onus is on the person who's at the expense of enrichment to explain why enrichment should be reversed.