Classification and Unjust Enrichment
journal contributionposted on 15.10.2019, 09:02 by Peter Jaffey
[First paragraph] One of the most striking changes in academic research and teaching in recent times has been the appearance of a new subject under the name of restitution or unjust enrichment. This has transformed the treatment of various areas of the common law that were historically neglected, confused and obscure, and has had, over a relatively short period, a marked effect on the approach of some judges to these areas. One of the most influential works has been Peter Birks's An Introduction to the Law of Restitution,1 originally published nearly twenty years ago. Much of the literature has been concerned with exploring issues identified by Birks, in the terminology and according to the general approach that he adopted. Birks has been influential not only through this book and the numerous articles and other books that developed and modified his views, but also through scholarship that he has facilitated and promoted: important work has been produced by his research students and by participants in academic seminars and conferences organised by him. In addition, the Restitution Law Review, which Birks helped to found, has provided a new forum for the promotion and discussion of these developments.