Fundamental Principles of Canadian Unjust Enrichment

Although it stands alongside contract and tort as a primary source of private law obligations, unjust enrichment is less well known than the other grounds of liability. That lack of familiarity creates a risk of error and injustice.

Written by Mitchell McInnes, Canada's leading authority on the law of unjust enrichment, Fundamental Principles of Canadian Unjust Enrichment was designed to introduce judges, lawyers, and students to this subject area. It provides a succinct statement of the principles and rules that govern restitutionary liability. While attentive to the subject’s historical evolution, the book focuses on the law of unjust enrichment that is practised in Canadian courts today. It takes a practical approach, and uses recent cases and numerous diagrams to illustrate key concepts.

Consistent with the manner in which the Canadian legal system formulates and resolves restitutionary claims, Fundamental Principles of Canadian Unjust Enrichment is divided into four parts:

• Part I: Basic Principles opens with an introductory chapter and then devotes separate chapters to the governing principle’s three essential elements: enrichment, corresponding deprivation, and absence of juristic reason
• Part II: Juristic Reasons looks in more depth at the circumstances in which enrichments will be considered “unjust” and hence reversible
• Part III: Defences and Part IV: Restitution contain single chapters that address issues that arise once a court has recognized a prima facie right to unjust enrichment

Topics Covered

• Non-purposive transfers
• Donative intent
• Contract
• Disposition of law
• Defences and Bars
• Remedial constructive trusts
• The civilian-inspired test of injustice
• Plus much more

Who Should Read This Book

• Civil Litigators – Analyze and assess basic restitutionary claims that present a potential case for unjust enrichment
• Judges – Detailed guidance for resolving disputes involving basic restitutionary claims
• Law Schools – A comprehensive textbook for any law school course on unjust enrichment
• Law Libraries – The perfect addition to the library collection on titles on contract law, torts and private law