The role overriding role of unconscionablity in unjust enrichment


A project to identify the extent to which restitution for unjust enrichment should be recognised as an equitable rather than a common law process. The author's research to date suggests that each of the variety of common law factors justifying restitution could each be re-categorised as unconscionability, thus recognising that the remedy is and always has based on judicial discretion rather than legal right. The plan is an article leading to publication and/or KE activity.
StatusNot started