Introduction
1. An Historical Analysis of the Independence of Unjust
Enrichment
III. Introduction
II. Myth, Mystery and Illusion
A. The Two Senses of 'Contract': a Source of Rights and as a Method
of Classification
B. Procedure and the Development of Indebitatus Claims
III. Development of the Law before Moses v Macferlan
A. Holt CJ and Indebitatus Claims
B. Role of Equity in the Development of the Law
C. Encouraging Indebitatus Claims
IV. Lord Mansfield's Decision in Moses v Macferlan
V. The Period After Moses v Macferlan
A. Case Law
B. Legal Discourse
VI. Learning from the Past: Concluding Comments
2. Rejecting the Role of Unjust Enrichment in the Contractual
Context
I. Introduction
II. A Critical Appraisal of the Three Models
A. Kull and the Third Restatement of Restitution
B. Hedley
C. Jaffey
III. Conclusion
3. What is the Best Organisation for the Law of Unjust Enrichment:
Unjust Factors or Absence of Basis?
I. Introduction
II. New Birksian Approach
A. Objective and Subjective Tests of 'Basis'
B. Notion of Basis
C. Greater Unity
III. The Pyramid
A. Wrong reasons: the Swaps Cases
B. Wrong Basis: CTN Cash and Carry v Gallaher
C. Clashing Obligations: Roxborough v Rothmans of Pall Mall
Australia Ltd
D. Enhancing Choice: Deutsche Morgan Grenfell v Inland Revenue
Commissioners
IV. Three Criticisms of the New Birksian Approach
A. By-Benefits
B. Negative Formulation
C. Retrospectivity of Termination
V. Conclusion
4. The Role of Unjust Enrichment in the Contractual Context: an
Introduction to Chapters 5 and 6
I. Background
II. The Model Proposed in this Book
III. Overview of Chapters 5 and 6
5. Historical Foundations of the Modern Law of Unjust Enrichment in
the Contractual Context
I. Introduction
II. Evolution of the Dominant Model
A. Background: Independency
B. Antecedents of Kingston and Boone
C. The Boone Principle in Detail
D. Reception of Boone and Establishment of the Dominant Model
III. Rescission and Total Failure of Consideration
A. Total Failure of Consideration
B. Rescission
IV. Apportioned Contracts and Quantum Meruit
A. Apportioned Contracts
B. Quantum Meruit
V. Conclusion
6. The True Role of Unjust Enrichment in the Contractual
Context
I. Introduction
II. Core Principles
A. Meaning of 'Condition'
B. A Qualifying Failure of Condition
C. Accrued Rights
D. Prevention
III. Distinctiveness of Quantum Meruit
A. Infringing the Freedom of Choice
B. Entire Contracts
C. Valuation
IV. Unenforceable Contracts and Claims by the Party in Breach.
V. Failure of Condition and Absence of Basis
VI. Restitution upon Failure of Condition: Contract or Unjust
Enrichment?
VII. Conclusion
Conclusion
Tariq A Baloch is an Associate within the International Arbitration Group of Freshfields Bruckhaus Deringer in Paris; he was formerly a Lecturer in Laws at the London School of Economics and Political Science, where he is currently a Visiting Fellow.
This monograph is easy to recommend to those interested in the relationship of restitution and contract. There is much to admire in the historical depth and analytical clarity that the author has brought to this subject. Craig Rotherham The Modern Law Review 2010, 73 (1) The questions this book addresses ... are fundamental and it marks a clear and important advance on orthodox accounts of law in this area. All those interested in contract law, unjust enrichment and legal history have much to take from it. Charlie Webb Law Quarterly Review April 2010, Volume 126 This monograph constitutes a new star in the every expanding galaxy of enrichment literature, and it is a star which shines brightly. Beyond the practical exposition of restitution alongside breach of contract, Dr Baloch makes important claims with respect to the general nature of unjust enrichment in English law, and indeed the historical development of the law. It is to be hoped that some of the protagonists in the field will engage with its important thesis. Daniel J Carr The Edinburgh Law Review Volume 14, 2010
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