The Interaction of Rights of Relief and Unjustified Enrichment in Scots Law

Euan West* (Corresponding Author)

*Corresponding author for this work

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Abstract

Over the past four decades, the combined efforts of academics and the judiciary have served to transform the Scottish understanding of “unjustified enrichment”, imposing structure on a legal area that was ill-defined and whose constituent causes of action were muddled and diffuse.1 In spite of this radical development, often dubbed the “enrichment revolution”,2 debates persist as to the subject’s scope and placement within the wider law of obligations. While there is broad consensus as to the internal organisation of the Scots law of unjustified enrichment, namely that it should be structured according to a modern civilian approach,3 uncertainties remain as to its boundaries, and the extent to which it overlaps with, even subsumes, other legal areas not hitherto associated with the reversal of enrichment
Original languageEnglish
JournalEdinburgh Law Review
Publication statusAccepted/In press - 30 Sep 2019

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