Rethinking Unjust Enrichment

Warren Swain is a Professor of Law at the Faculty of Law at the University of Auckland. He is Deputy Dean. Educated at Hertford College, Oxford, he lectured at Hertford College and the Universities of Birmingham and Durham in the UK and was a Professor the TC Beirne School of Law, the University of Queensland. He is a Life Member of Clare Hall, University of Cambridge and was elected a Fellow of the Royal Historical Society in the UK in recognition of his contribution to historical scholarship. He has widely published on both modern private law and the history of private law. Sagi Peari is an Associate Professor at the University of Western Australia Law School. His publications include two research monographs published with the Oxford University Press and his articles have been accepted for publication in leading international journals, including Oxford Journal of Legal Studies, Cambridge Law Journal, University of Toronto Law Journal and the American Journal of Comparative Law. He is a recipient of the Hauser Global Fellowship at NYU Law School, and of the Connection Grant from the Social Sciences and Humanities Research Council of Canada. He received awards from the American Society of International Law and the Corporate Law Teachers Association of Australia, New Zealand and the Asia Pacific region.

Introduction
I. History
1: Warren Swain: Contract and Unjust Enrichment: Lessons from History?
2: Siyi Lin: A Tale of Transplantation: The Historical Evolution of the Law of Unjust Enrichment
3: Arpita Gupta: Law of Unjust Enrichment in India
II. Sociology
4: Sagi Peari: Academics and Legal Change: Birks, Savigny, and the Law of Unjust Enrichment
5: Emily Sherwin: Restitution in the United States
6: Nolan Sharkey: What was the Problem with Palm Tree Justice? Language, Justice, Equity and Enrichment
III. Theory
7: Robert Stevens: Faute de Mieux
8: James Penner: Restitution, Corrective Justice, and Mistakes
9: Peter Chau and Lusina Ho: Agreement and Restitutionary Liability for Mistaken Payments
10: Lutz- Christian Wolff: Law of Unjust Enrichment or Law of Unjust De-enrichment
11: Peter Jaffey: The Way Forward
12: Nils Jansen: Doctrinal Design in Unjust Enrichment: On the Relation of Claims for Restitution and General Private Law
IV. Doctrine
13: Mindy Chen-Wishart and Emma Hughes: Monism v Pluralism in Unjust Enrichment
14: Steve Hedley: Unjust Enrichment - Looking for a Role
15: Pablo Letelier: Embracing Private Law's Miscellany? Unjustified Enrichment and the Civilian Category of Quasi- Contracts
16: Mitchell McInnes: Challenges for Canadian Unjust Enrichment
Conclusion