Book Chapter

No Intention to Benefit

Michael Bryan

Research Handbook on Unjust Enrichment and Restitution | Edward Elgar Publishing Ltd | Published : 2020

Abstract

This chapter considers a group of unjust factors which are not based on the vitiation or qualification of the claimant’s intention to confer a benefit. The common denominator of this group is that any intention to benefit the recipient is wholly absent. In the case of ‘ignorance’ and ‘powerlessness’, the claimant’s intentions play no part in the event that causes the defendant’s enrichment. In the case of an ‘anti-beneficial transfer’, the claimant intended to pass legal title to the enrichment but had no intention to confer beneficial title by way of gift, contract or express trust. The normative justification for restitution in all three cases is compelling. If a vitiated or qualified inte..

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University of Melbourne Researchers