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Ownership as the proximity or privity principle in unjust enrichmentlaw

By Brian F. Fitzgerald


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.\ud \u

Topics: 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
Publisher: University of Queensland Press
Year: 1995
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