Abstract
Abstract The object of this essay is to consider the rules governing the restitution of benefits conferred by mistake. We present a simple economic model to aid the analysis of the legal doctrines that have been used by the courts. Within mistake we shall concentrate on the law on mistaken payments because it is the most developed. We have therefore used it as a model to identify and evaluate the range of possible rules which might be available. In this we have drawn on the fact that restitution based on the principle of unjust enrichment has reached differing states of development in common law jurisdictions in the United States, Canada, and England,1 with an apparently sophisticated system in the first two but not in the third. We shall argue that those systems with a developed and sophisticated law of restitution are not necessarily more efficient.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
