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.


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
Refereed: Yes
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: 19 Apr 2009 21:27
Last Modified: 09 Jun 2010 13:35

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