Ownership as the proximity or privity principle in unjust enrichmentlaw
Fitzgerald, Brian F. (1995) Ownership as the proximity or privity principle in unjust enrichmentlaw. University of Queensland Law Journal, 18(2), pp. 166-182.
Abstract
This article examines the rationale for unjust enrichment law and considers the theory of Samuel Stoljar. It examines how the Stoljar poperty theaory might be better undertsood and how it might fit with the approach to unjust enrichment espoused by Professor Peter Birks. The article considers the notion and role of "ownership" in unjust enrichment law.
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| ID Code: | 19614 |
|---|---|
| Item Type: | Journal Article |
| Additional URLs: | |
| Keywords: | Stoljar property theory, Unjust enrichment, Ownership and unjust enrichment, Restitution, Unjust enrichment and conversion, Touchstone of unjust enrichment, Reconciling Birks and Stoljar theory of unjust enrichment |
| ISSN: | 0083-4041 |
| Divisions: | Current > QUT Faculties and Divisions > Faculty of Law |
| Copyright Owner: | Copyright 1995 Brian Fitzgerald |
| Deposited On: | 20 Apr 2009 07:27 |
| Last Modified: | 09 Jun 2010 23:35 |
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