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The Canadian Principle of Unjust Enrichment: Comparative Insights into the Law of Restitution
Author(s) -
Mitchell McInnes
Publication year - 1999
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1471
Subject(s) - restitution , unjust enrichment , rigour , law , common law , law and economics , political science , economics , sociology , philosophy , epistemology
In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects, the Canadian principle of unjust enrichment often is characterized by a relative lack of analytical rigour. He concludes by suggesting that Canadian courts might profitably consider the approaches adopted in other jurisdictions.

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