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Although it is often referred to as the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. The Canadian Law of Unjust Enrichment and Restitution, 2nd Edition is the only text that accurately reflects the modern Canadian law of restitutionary liability and has been thoroughly updated since the first edition published 8 years ago.
Written by Mitchell McInnes – Canada's leading authority on the law of unjust enrichment – this treatise explains this complex area in a straight-forward manner. It offers step-by-step guidance to the resolution of restitutionary claims in specific contexts and is structured in accordance with the elements of the cause of action in unjust enrichment: (1) the defendant's enrichment, (2) the plaintiff's corresponding deprivation, and (3) an absence of juristic reason for the transfer between the parties.
What's New In This Edition
More than 150,000 new words added
Hundreds of new Canadian cases summarized and explained
New extended discussion of restitutionary claims within families (other than between spouses)
Discussion of new Supreme Court of Canada decisions:
Atlantic Lottery Corp Inc v Babstock 2020 SCC 19 – restitution for unjust enrichment distinguished from disgorgement of wrongful gains
Uber Technologies Inc v Heller 2020 SCC 16 – test of unconscionability fundamentally altered