ABSTRACT

The law of unjust enrichment discloses a novel policy-motivated unjust factor called the policy

against accumulation. The policy applies whenever a claimant (R) receives a benefit, or has the

right to recover a debt or damages from another party (Y) and receives, or has the right to receive,

in respect of the same debt or damage from a third party (X). The general policy of the law in such

circumstances is that the claimant (R) is rarely, if ever, permitted to accumulate by receiving from

both X and Y. If R does in fact receive from both X and Y, she must reverse one transfer. The

claimant’s obligation to reverse one transfer is given to reverse the unjust enrichment which would

otherwise remain. The unjust factor underlying this claim is the policy against accumulation.