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11 Found helpful • 95 Pages • Complete Study Notes • Year: Pre-2021
Written in 2015 1. Enrichment 2. At the expense of the plaintiff’s’ 3. Unjust Factors I: Mistake and Ignorance 4. Unjust Factors II: Failure of Basis 5. UNJUST FACTORS III: Coercion 6. DEFENCES: Estoppel &Change of Position To make claim in UE a plaintiff must establish that: • The defendant was enriches • The D’s enrichment was at the P’s expenses • The enrichment is unjust (unjust is measured according to defined categories developed in the cases) • No defences apply which would preclude restitution being made • The P bears the burden of establishing enrichment at the expense of, & unjust factor, the D bears the burden of establishing a defence
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