Review of J. Beatson, 'The Use and Abuse of Unjust Enrichment', and A. Burrows 'Essays on the Law of Restitution'

Robin Cooke, "Review of Beatson and Burrows" (1992) 108 LQR 334

Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 59/2017

6 Pages Posted: 10 Jun 2014 Last revised: 3 Apr 2017

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: June 9, 1992

Abstract

This is a book review by Sir Robin of two essay collections. The first one is titled 'The Use and Abuse of Unjust Enrichment', and the second one 'Essays on the Law of Restitution'. Sir Robin discusses unjust enrichment in English law, referring to Lipkin Gorman v Karpnale Ltd [1991] 3 WLR 19. He then discusses a related debate between Jack Beatson and Professor Peter Birks on the proper ambit of this principle by reference to a range of cases dealing with quantum meruit. Sir Robin stresses that it is important for the English legal profession to begin taking seriously the merging of law and equity. To demonstrate this, he discusses equitable and common law tracing and refers to Space Investments Ltd v Canadian Imperial Bank of Commerce (Bahamas) Ltd [1986] 1 LWR 1072 (PC).

Keywords: Lord Cooke, restitution, unjust enrichment, Lipkin Gorman, Jack Beatson, Peter Birks, quantum meruit, law and equity, tracing, Space Investments

Suggested Citation

Cooke, Robin, Review of J. Beatson, 'The Use and Abuse of Unjust Enrichment', and A. Burrows 'Essays on the Law of Restitution' (June 9, 1992). Robin Cooke, "Review of Beatson and Burrows" (1992) 108 LQR 334, Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 59/2017, Available at SSRN: https://ssrn.com/abstract=2447506

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
90
Abstract Views
644
Rank
513,029
PlumX Metrics