ABSTRACT

The law of restitution is still an emergent doctrine which is likely to realise that its rapid advance

through private law has left its forces spread too thinly and its intellectual supply lines too weak to

cope with the pace of that advance on such a broad front. The matrix of restitution of unjust

enrichment, in whichever form that is taken, is too weak as presently organised to penetrate

effectively into some of the core practical areas of company law, for example, without more word

processor hours being spent in restitution valley. I shall take two examples: first, the doctrine of

secret profits, which might correspond to restitution thinking; and secondly, the notion of lifting the

corporate veil as a means of avoiding liability for unjust enrichment.