Unlike other areas of the private law, the law of unjust enrichment stands or falls with the theory upon which it is based. This theory, fashioned primarily by Peter Birks and continued by many other scholars is known as the ‘dominant model’. The model employs a number of crucial concepts such as enrichment, benefit, value, and injustice. Unfortunately, the model has no coherent understanding of these things. Instead, it equivocates over the meanings of these concepts and at times adopts strange and even absurd understandings of them. It has to do this, because the model does not work. The dominant model is a failure. After revealing this, the book goes on to demonstrate how a more constrained and humble law of unjust enrichment might emerge from the wreckage of the dominant model. As scholarly doubts around the dominant model increase, this thought-provoking revision of unjust enrichment is both welcome and needed.
By:
Allan Beever Imprint: Hart Publishing Country of Publication: United Kingdom Dimensions:
Height: 234mm,
Width: 156mm,
ISBN:9781509994120 ISBN 10: 1509994122 Series:Hart Studies in Private Law Pages: 432 Publication Date:11 June 2026 Audience:
Professional and scholarly
,
Undergraduate
Format:Hardback Publisher's Status: Forthcoming
Allan Beever is Professor of Law at Auckland University of Technology.