Agents and Organisations: Attribution Rules in Unjust Enrichment Claims
Restitution Law Review
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Watterson, S. (2018). Agents and Organisations: Attribution Rules in Unjust Enrichment Claims. Restitution Law Review, 25  254-286. https://doi.org/10.17863/CAM.25979
Much of our commercial activity is conducted via agents. This is true of natural persons, but also of organisations, whether unincorporated or corporate entities. “Attribution” questions are therefore pervasive. Despite this, over 50 years since the publication of the first edition of Goff and Jones, there is virtually no learning on the attribution rules applicable within the law of unjust enrichment. This article makes a tentative attempt to set an agenda for future debate. It proceeds in two major parts. It begins with a bird’s-eye view of the landscape—highlighting a range of concerns that might legitimately shape the law’s approach to attribution in the context of organisational claims. Thereafter, it takes a closer look at a small but important part of that territory—the establishment of organisational claims in unjust enrichment based on the ground of mistake.
This record's DOI: https://doi.org/10.17863/CAM.25979
This record's URL: https://www.repository.cam.ac.uk/handle/1810/278636