This paper considers what is meant by restitution as a remedy, and it discusses the problems arising from the theory of unjust enrichment, which in general treats restitution as a remedy arising from a substantive law of unjust enrichment. In particular, it considers how payment for services and...

This article gives an account of the law of knowing receipt. It explains knowing receipt in terms of a failure by a the recipient to look after property received when he or she knows or ought to know it is trust property and rejects the "restitutionary" account and the implication of this...

There have been many attempts to explain licence fee damages, but controversy persists over how they should be understood and when they should be available. Recent cases treat them as a form of restitution for wrongs and cast doubt on the traditional rule by which they are available only for the...

This article considers claims for reasonable payment (quantum meruit) under an informal agreement and compares the unjust enrichment approach taken by the Supreme Court in Benedetti v Sawaris with the contractual approach which it is argued is to be preferred and is closer to the traditional...

This article discusses the relationship between privacy and confidentiality, the different forms of privacy, including informational privacy, the contrast with confidentiality as ownership of trade secrets, privacy compared with defamation, publicity rights and merchandising as the ownership of...

This article discusses disgorgement and licence fee damages as distinct "benefit-based" pecuniary measures in contract, disgorgement as the removal of a wrongful profit (account of profits) and licence fee damages as a deemed licence fee measure (restitutionary damages) where the contract has in...

This is a review article of Peter Birks, Unjust Enrichment (OUP, 2003) , criticising the argument for the introduction into English law of a doctrinal category of unjust enrichment, and discussing the role of justificatory and formal categories in the law and the nature of Birks's...

The article has a discussion about the introduction of a new doctrinal category of unjust enrichment into English law. It distinguishes between a "strong" theory and a "weak" theory of unjust enrichment. It considers the significance of a category of unjust enrichment and and various cases...

This article contrasts contract law understood in terms of duties of performance based on an exchange of promises with an alternative approach based on an agreement to assume responsibility for reliance. It explains why the reliance approach is not open to the objections made of other versions...