Abstract
Abstract This chapter considers the circumstances within the Law of Unjust Enrichment where the claimant transfers a benefit to the defendant pursuant to a transaction which is legally effective, which means that the claimant is unable to obtain restitution from the defendant. Various legally effective bases are considered. The most significant is contract, where, by virtue of the principle of subsidiarity, the contract generally prevails over a claim in unjust enrichment, although sometimes, where the contract is not considered to have provided for all risks eventuating, a claim in unjust enrichment will succeed despite the continuation of the contractual regime. Other legally effective bases include the discharge of a debt, discharge of a statutory liability, res judicata, and gifts.
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