LAWS 2202 Lecture Notes - Lecture 8: Miscarriage
21 Feb 2016
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Week 8 - unjust enrichment i (nov 6th): Unjust enrichment questions of taxonomy and principle: Rights: refer to a series of guaranteed liberties" or entitlements" which are provided to, and protected for, the individual/person by the state/law. Responsibilities: refer to a series of demands" or requirements" which are placed upon, and legally enforced on, the individual/person by the law/state. Obligations: refers to duties" (implicit or explicit) arising between individuals/persons, (potentially) enforceable/reinforced by the state/law. Implicit obligations always owed between persons to avoid undue harm. Obligations incurred by receiving a benefit that, if kept, offends the principles of quite and good. Explicit obligations through the exercise of free and informed will. Unjust enrichment historical origins of a common law doctrine: Key question: could the plaintiff (moses) make a claim to recover funds from the defendant (macpherlan), when the funds had been transferred based on a decision of a court to uphold the.
