11 Dec, 2015
Unjust enrichment claims are often easier to identify in theory than they are in practice due to the complicated way in which many commercial transactions are structured. Identifying the 'winner' and the 'loser' is straight forward enough, but identifying the passage of benefits such that the former can be said to have been enriched at the expense of the latter is not always straightforward. It is perhaps for this reason that the court has historically adopted a conservative approach to claims for unjust enrichment, eschewing remedies in cases where there has not been a direct payment or transfer of value.
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