Unjust enrichment and the recovery of money mistakenly paid
department or school: Law, Faculty of
data provider: DSpace
degree campus: UBCV
creator: Kaufmann, Manfred Max
issued: 2010-06-30T22:12:53Z
issued: 1987
related degree: Master of Laws - LLM
degree grantor: University of British Columbia
description: In recent years, Canadian courts accepted the doctrine of unjust enrichment as a rationale underlying the law of restitution. This thesis adopts this approach, and examines its impact on questions adhering to the recovery of money mistakenly paid. The discussion is restricted to situations where no contractual obligations existed between the parties. After an introduction in chapter one, chapter two examines what the doctrine of unjust enrichment precisely predicates. Three particular aspects of the recovery of money mistakenly paid are then tackled: the action of the rightful payee, the availability of a remedial constructive trust and the defence of change of position. British and American law provide a background for the discussion. It will be seen that, with respect to restitutionary law, Canadian law has left its British ancestor behind and follows more the American model. The results arrived at are contrasted with the answers which a civil law code, more precisely, the German Civil Code, provides for the questions under review. The doctrine of unjust enrichment, according to this thesis, calls for the abolition of the action of the rightful payee. The doctrine does not necessarily entail the recognition of constructive trusts to remedy an unjust enrichment. However, the remedial constructive trust is a useful remedy for a mistaken payer and, if the payee has become bankrupt, the only one. Finally, it is argued that the recognition of change of position as a defence is a consequent step after the recognition of the unjust enrichment doctrine.
aggregated CHO: https://circle.library.ubc.ca/rest/handle/2429/26141
note: UNJUST ENRICHMENT AND THE RECOVERY OF MONEY MISTAKENLY PAID BY MANFRED MAX KAUFMANN Ref.jur., Albert Ludwigs - Universitaet, Freiburg 1984 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS i n THE FACULTY OF GRADUATE STUDIES (FACULTY OF LAW) We accept t h i s thesis as conforming to the required standard THE UNIVERSITY OF BRITISH COLUMBIA October 1987 © Copyright Manfred Kaufmann, 1987 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of L&MT The University of British Columbia 1956 Main Mall Vancouver, Canada V6T 1Y3 DE-6n/8-n i i THESIS ABSTRACT In recent years, Canadian courts accepted the doctrine of unjust enrichment as a rationale underlying the law of r e s t i t u t i o n . This thesis adopts t h i s approach, and examines i t s impact on questions adhering to the recovery of money mistakenly paid. The discussion i s r e s t r i c t e d to s i t u a t i o n s where no contractual obligations existed between the p a r t i e s . A f t e r an introduction i n chapter one, chapter two examines what the doctrine of unjust enrichment p r e c i s e l y predicates. Three p a r t i c u l a r aspects of the recovery of money mistakenly paid are then tackled: the action of the r i g h t f u l payee, the a v a i l a b i l i t y of a remedial constructive t r u s t and the defence of change of p o s i t i o n . B r i t i s h and American law provide a background fo r the discussion. I t w i l l be seen that, with respect to r e s t i t u t i o n a r y law, Canadia…
has type: Thesis/Dissertation
is shown at: 10.14288/1.0448274
language: eng
degree discipline: Law
provider: Vancouver : University of British Columbia Library
publisher: University of British Columbia
rights: For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
scholar level: Graduate
type: Text
identifier URI: http://hdl.handle.net/2429/26141