ABSTRACT

In the last chapter of The Use and Abuse of Unjust Enrichment, Professor Jack Beatson faced up to what he identified as the important unfinished business of integrating equity into the new unity of the law of resitution. The challenge which Professor Beatson identified is certainly necessary, and it is certainly extremely difficult. In the years since his book was published it has if anything become more difficult. The integration is going to take longer than was supposed. Trusts, like restitution itself, have been remarkably reluctant to examine and disclose their causative events. It is almost certainly impossible to move rapidly from the pre-Chambers world, even though people can already see that the likely outline of the post-Chambers world is one in which the taxonomy of generic causative events transcends the old jurisdictional divide between law and equity. Rights arise from manifestations of consent or involuntarily, independently of consent, and, when involuntarily, from wrongs, unjust enrichment and other events.