ABSTRACT

One of the most puzzling aspects of ‘unjust enrichment’ has always been its cunning disguise as an established and traditional common law subject. It is all tricked out with fancy Latin phrases; it has its own history. It is easy to discern differences of approach at different periods of history, and to convince ourselves that the modern approach is better than what preceded it. It all seems very respectable, and very well rooted in the fabric of the common law.