Abstract
Lord Diplock, in Orakpo v Manson Investments, used language that indicated that the range of restitution, or unjust enrichment, is limited. Lord Goff, on several occasions, has been more amenable to the idea that, should a remedy be desirable in the circumstances of a particular case, the concept of restitution could, and should be utilised in a creative manner. Canadian judges have been more inclined than those in England to adopt the latter approach. As one of them once said: ‘Just as the categories of negligence are never closed, neither can those of restitution’. In more recent judgments Canadian courts have continued to show their willingness to extend the scope of restitution in two ways: (i) by the enunciation of a general concept of unjust enrichment that underlies the idea of restitution; (ii) by a broader, more innovative use of the traditional doctrine of constructive trust. Both these developments stem from a fundamental premise as to the ‘equitable’ nature of restitution.
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.
