Andrew Burrows, MA, BCL, LLM (Harvard), QC (Hon), FBA, Barrister and Honorary Bencher of Middle Temple is Professor of the Law of England and a Senior Research Fellow at All Souls. He was formerly the Norton Rose Professor of Commercial Law and a Fellow of St. Hugh's College. He was a Law Commissioner for England and Wales from 1994 to 1999.

Advisory Group
Lord Rodger of Earlsferry (deceased June 26, 2011), Supreme Court of the United Kingdom
Lord Walker of Gestingthorpe, Supreme Court of the United Kingdom
Lord Mance, Supreme Court of the United Kingdom
Lord Justice Moore-Bick, Court of Appeal of England and Wales
Lord Justice Etherton, Court of Appeal of England and Wales
Mr Justice Henderson, High Court of England and Wales
Mr Justice Beatson, High Court of England and Wales
Justice Edelman, Supreme Court of Western Australia
Stephen Moriarty QC, Fountain Court Chambers, London
Laurence Rabinowitz QC, One Essex Court, London
Steven Elliott, One Essex Court, London
Andrew Scott, Blackstone Chambers, London
Professor Robert Chambers, University College, London

Professor Gerard McMeel, University of Bristol
Professor Charles Mitchell, University College, London
Professor Robert Stevens, University of Oxford
William Swadling, University of Oxford
Professor Andrew Tettenborn, University of Swansea
Professor Graham Virgo, University of Cambridge

• Introduction


• Part One: A Restatement of the English Law of Unjust Enrichment


• 1: General


• Restitution for unjust enrichment


• Enrichment at the claimant's expense


• When the enrichment is unjust


• Defences


• Restitutionary rights


• Prevention of anticipated unjust enrichment


• 2: Enrichment at the Claimant's Expense


• Enrichment


• At the claimant's expense: general


• At the claimant's expense: tracing


• 3: When the Enrichment is Unjust


• Mistake


• Duress


• Undue influence


• Exploitation of weakness


• Incapacity of the individual


• Failure of consideration


• Ignorance or powerlessness


• Fiduciary's lack of authority


• Legal compulsion


• Necessity


• Factors concerned with illegality


• Unlawful obtaining or conferral of a benefit by a public authority


• Financial institutions and constructive notice


• 4: Defences


• Change of position


• Estoppel


• Agency as defence


• Counter-restitution


• Purchaser in good faith, for value and without notice


• Illegality as a defence


• Resolved disputes


• Limitation


• Special statutory defences: passing on and prevailing practice


• Contractual or statutory exclusion of restitution


• Affirmation


• 5: Restitutionary Rights


• Personal right to a monetary restitutionary award


• Other restitutionary rights


• Subrogation


• Part Two


• Commentary