Description
Goff & Jones is the leading work on the law of unjust enrichment. Successive editions have played a major role in establishing the central importance of the subject for private and commercial lawyers and developing its key concepts and principles. The text is comprehensive in coverage and written by highly respected scholars who explain all of the rules governing claims in unjust enrichment and discuss how these have been applied through detailed examination of the case-law. The book is frequently cited in courts throughout the Commonwealth and continues to signpost future developments in the field.
The new 10th edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Several chapters have been wholly or substantially rewritten to take account of significant new cases, and their impact on topics including the recovery of benefits from remote recipients, the recovery of benefits transferred on a condition that fails, the recovery of ultra vires payments by public bodies, the limitation rules governing claims in unjust enrichment and interest awards on such claims.
The 10th edition deals with the following six key matters in relation to making a claim:
- Explains how a claim in unjust enrichment can be precluded where a defendant’s enrichment is mandated by a statute, judgment, natural obligation, or contract
- Analyses the principles governing the identification and valuation of enrichment, and explains how these apply to claims for different types of benefit
- Considers the requirement that a defendant’s gain has been acquired at the claimant’s expense
- Discusses the different grounds for restitution: lack of consent and want of authority; mistake; duress; undue influence and unconscionable bargains; failure of basis; free acceptance; necessity; secondary liability; ultra vires receipts and payments by public bodies; etc
- Examines defences including change of position; ministerial receipt; bona fide purchase; estoppel; counter-restitution impossible; passing on; limitation; legal incapacity; illegality
- Details the personal and proprietary remedies for unjust enrichment
The new edition contains detailed discussion of the following cases of major importance:
- Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275 (exclusion of unjust enrichment by statute; enrichment acquired “at the claimant’s expense”);
- Swynson Ltd v Lowick Rose LLP (in liq.) [2018] A.C. 313 (enrichment acquired “at the claimant’s expense”; subrogation);
- Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869 (exclusion of unjust enrichment by statute);
- Prudential Assurance Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired “at the claimant’s expense”);
- Vodafone Ltd v Office of Communications [2020] Q.B. 857 (counterfactual arguments against Woolwich claims);
- Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1 (limitation rules governing claims founded on mistake);
- Test Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354 (“netting off” of defendant’s gains and losses; interest awards)
- Pakistan International Airline Corp v Times Travel (UK) Ltd [2021] 3 W.L.R. 727 (lawful act duress).
- School Facility Management Ltd v Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution and change of position);
- Samsoondar v Capital Insurance Co Ltd [2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);
- Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R. (Comm.) 1244 (failure of basis; relation between contract and unjust enrichment)
Table of Contents
Part 1 Introduction
- Chapter 1 Unjust Enrichment and Restitution
Part 2 Justifying Grounds
- Chapter 2 Justifying grounds: Statutes, Judgments and Natural Obligations
- Chapter 3 Justifying grounds: Contracts
Part 3 Enrichment
- Chapter 4 Enrichment: General Principles
- Chapter 5 Enrichment: Types of Benefit
Part 4 At the Claimant’s Expense
- Chapter 6 At the Claimant’s Expense: Personal Claims
- Chapter 7 At the Claimant’s Expense: Proprietary Claims
Part 5 Grounds for Restitution
- Chapter 8 Lack of Consent and Want of Authority
- Chapter 9 Mistake
- Chapter 10 Duress
- Chapter 11 Undue influence and unconscionable bargains
- Chapter 12 Failure of Basis: General Principles
- Chapter 13 Failure of basis: Bases of transfer
- Chapter 14 Failure of basis: deposits
- Chapter 15 Frustrated contracts
- Chapter 16 Anticipated contracts that do not materialise
- Chapter 17 Free acceptance
- Chapter 18 Necessity
- Chapter 19 Secondary Liability: Overview
- Chapter 20 Secondary Liability: Contribution and Reimbursement
- Chapter 21 Secondary Liability: Insurer’s Subrogation rights
- Chapter 22 Money paid as taxes and Other Levies that are not Due
- Chapter 23 Ultra vires payments by public bodies
- Chapter 24 Legal incapacity
- Chapter 25 Illegality
- Chapter 26 Benefits conferred under judgments and orders that are later reversed
Part 6 Defences
- Chapter 27 Change of position
- Chapter 28 Ministerial receipt
- Chapter 29 Bona fide purchase and good consideration
- Chapter 30 Estoppel
- Chapter 31 Counter-Restitution impossible
- Chapter 32 Passing on
- Chapter 33 Limitation
- Chapter 34 Legal incapacity
- Chapter 35 Illegality
Part 7 Remedies
- Chapter 36 Personal remedies and interest awards
- Chapter 37 Proprietary remedies: general principles
- Chapter 38 Proprietary remedies: trusts and liens
- Chapter 39 Proprietary remedies: subrogation to extinguished proprietary rights
- Chapter 40 Proprietary remedies: rescission and rectification
Court Practice & Litigation