ABSTRACT
As Waller LJ said in Guinness Mahon,1 the English law of unjust enrichment is at a crossroads: the choice is between two different models of enrichment liability. This book has presented an argument in favour of the traditional common law approach to unjust enrichment, basing restitution on positive, identifiable and articulated unjust factors rather than wide principles based on the absence of a legal ground for an enrichment. It is probable that this argument comes too late, particularly in light of Kleinwort Benson v Lincoln. If that is the case, the book has pursued a subsidiary aim, namely to provide an introduction to the infrastructure which makes an approach based on absence on legal ground possible in Germany.
