The Law of Restitution and the Unexpected Termination of Petroleum and Natural Gas Leases
Author(s) -
David R. Percy
Publication year - 1988
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr714
Subject(s) - restitution , lease , law , work (physics) , unjust enrichment , compensation (psychology) , energy law , law and economics , economics , business , political science , environmental law , engineering , mechanical engineering , psychology , psychoanalysis
The prevailing Canadian authorities more than justify John Ballem's conclusion that "many a lease has come to an untimely and unexpected end". This paper explores the right of a lessee to obtain compensation in the law of restitution for work performed where a lease has unexpectedly terminated. It examines the extent to which the case law relating to mineral leases supports a lessee's claim and considers the impact on that case law of the rapidly-emerging law of restitution.
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