Table of Contents

1. Defences in Unjust Enrichment: Questions and Themes ANDREW DYSON, JAMES GOUDKAMP AND FREDERICK WILMOT-SMITH 2. Defences and the Disunity of Unjust Enrichment LIONEL SMITH 3. Defence, Denial or Cause of Action? ‘Enrichment Owed’ and the Absence of a Legal Ground HELEN SCOTT 4. What Kind of Defence is Change of Position? DENNIS KLIMCHUK 5. The Unity of Pre-receipt and Post-receipt Detriment AJAY RATAN 6. Proprietary Restitution and Change of Position ROBERT CHAMBERS 7. Change of Position: Outstanding Issues ELISE BANT 8. The Defence of Illegality in Unjust Enrichment GRAHAM VIRGO 9. Minority and Unjust Enrichment Defences BIRKE HÄCKER 10. Defences to Restitution Between Victims of a Common Fraud ANDREW KULL 11. Bona Fide Purchase as a Defence in Unjust Enrichment SONJA MEIER 12. Counterfactual Arguments Against Woolwich Liability CHARLES MITCHELL 13. Theory and Practice ROBERT REED

About the Author

Andrew Dyson is an Assistant Professor in Private Law at the London School of Economics and Political Science. James Goudkamp is a Fellow of Keble College and an Associate Professor in the Oxford Law Faculty. He is also a barrister at 7 King's Bench Walk. Frederick Wilmot-Smith is a Prize Fellow at All Souls College, Oxford.

Reviews

This is a welcome addition to unjust enrichment scholarship, as the study of defenses (and the change of position defence in particular) has been central to the development of this area of law in recent years. [The book] offer[s] a timely and rigorous analysis of some of the core problems currently debated by unjust enrichment scholar[s]. [T]he various contributions in this volume provide the reader with state-of-the-art academic analysis of the law of unjust enrichment, together with the most relevant critique of this type of intellectual project. Together, they make for a thought-provoking collection for any reader interested in the fundamental problems of private law theory.
*New Private Law Blog*

the editors and contributors are to be congratulated on a book which will stimulate further necessary debate about defences to unjust enrichment claims. It should be widely read and engaged with. I look forward to the next instalments in the editors’ series, on defences in contract and equity.
*LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY*

this book … contains a host of insights, suggestions and arguments that are sure to spawn the kind of new writing on unjust enrichment that is so essential if this area of law is to flourish on sound foundations.
*The Cambridge Law Journal*

Defences in Unjust Enrichment should enjoy a warm welcome from Canadian lawyers. Aside from the fact that three of the papers were written by Canadians, the work holds important lessons for the development of Canadian unjust enrichment under Garland.
*Canadian Business Law Journal*