Do you need to research the basis of liability regarding unjust enrichment? Maybe you’ve heard of the Garland Test and want to know more about it? Have you been asked to find the rules of tracing?
If so, then The Canadian Law of Unjust Enrichment and Restitution by Mitchell McInnes is the book for you!
This key title can help you learn more about:
- The three elements of unjust enrichment: enrichment, corresponding deprivation, and absence of juristic reason.
- Non-participatory and non-purposive transfers, like found, stolen, and misdirected benefits.
- The various factors around donative intent, such as mistake, incapacity, illegitimate inducement, and more.
- Unjust enrichment and contracts, including anticipated contracts that fail to materialize, incomplete agreements, frustrated agreements, and more.
- The scope and right to recovery.
- Other rights and obligations such under statute, title, natural obligations, and more.
- Restitution for unjust enrichment, including personal and proprietary factors, tracing, rescission and subrogation.
- Defences and bars, including change of position, estoppel, bona fide purchase, payment over, and more.
The Canadian Law of Unjust Enrichment and Restitution is available on the public access computers at all our Courthouse Libraries locations. Next time you’re in the library, search for the title in the library catalogue on the computer and click on the digital access link; this will take you straight to the digital title in Lexis Advance.
We also have this title available in print. If you want to borrow the book or request scans through our document delivery service, please contact us at librarian@courthouselibrary.ca or 1-800-665-2570.
Check out our website to find your nearest Courthouse Libraries location: https://www.courthouselibrary.ca/about-us/locations-contact-information