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Conflicts of Law in Matters of Unjustifiable Enrichment1

  • H. C. Gutteridge and K. Lipstein

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The situation which is created when rules of quasi-contract are in conflict has been neglected by English writers and has also received little attention on the Continent. It is possible, no doubt, to explain this lack of interest on the ground that the question is not one which occurs very often in practice. The various Continental rules relating to quasi-contract do not, in substance, differ widely from one another. Further, the somewhat narrow view of quasi-contractual liability hitherto taken by English law has probably discouraged foreign creditors from pressing claims of this type in our Courts.

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2 See Diekeson, Leigh v. (1885) 15 Q. B. D. 60.

3 See Winfield, The Province of the Law of Tort; Lord Wright, Sinclair v. Brougham, 6 C. L. J. 305; Jackson, The History of Quasi-Contract; Friedmann, , ‘The Principle of Unjust Enrichment’, Canadian Bar Eeview, xvi, 247, 369;Logan, , ‘Restatement on Restitution’, 2 Modern Law Eeview, 153. Cf. Holdsworth, ‘Unjustifiable Enrichment’, 55 L. Q. R. 37; Gutteridge and David, ‘Unjustified Enrichment’, 5 C. L. J. 204.

1 This attempt to deal with the question is a by-product of the discussions in the Cambridge Seminar on Comparative Law during the Michaelmas Term, 1938, and the Lent Term, 1939. We desire to take this opportunity of expressing our gratitude to the members of the Seminar for the help which we have received from them and in particular to E. Lange (Trinity College and the University of Upsala) and E. von Hantelmann (Trinity College and the University of Göttingen).

Conflicts of Law in Matters of Unjustifiable Enrichment1

  • H. C. Gutteridge and K. Lipstein

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