ABSTRACT
If I receive an asset to which you have a better claim than I do, obviously I must give it up to you.
But is this because I have been unjustly enriched at your expense, or for some other reason? As
will appear, this point may seem a mere taxonomical argument: but-unlike many others of this
sort-it actually matters quite a lot. Take half a dozen ‘typical’ restitutionary situations, all pretty
standard stuff in books on the subject:
• X steals P’s car and sells it to D1, who uses it for a few months and then re-sells it to D2.
