... describes
the unwinding of a mutual contract in its totality: A asks for restitutio in
integrum and in order to be successful has to offer restitutio in integrum.
Restitutio in integrum means that ... 161, 52 , 57 ; Reuter and Martinek, Ungerechtfertigte
Bereicherung, 216; Lorenz in: Staudinger,
§ 817, n. 12). A different solution was found in
BGH 1990 ZIP 9 15, concerning a ba...
... Svenska International plc
[19 95] 1 All ER 54 5 at 55 6 ff.; Kleinwort Benson v. Birmingham City Council [1997] QB 380;
Guinness Mahon & Co. Ltd v Kensington & Chelsea Royal LBC [1999] QB 2 15 ... the parties’ mistake?
And if a contract is invalid, can the parties recover what they trans-
ferred? Regarding mistakes at law, the following distinction is made in
4
Birks, Introductio...
... does not infringe the policy underlying the rule invalidating
the contract.
2 75
So, after all, enrichment law cannot ignore the reasons
267
Zweigert and K
¨
otz, Introduction, 55 6, 55 7. See also ... Bankton, Institutes, Book I, Title 24, 2; Bell, Principles, § 55 7; Reid v. Lord Ruthven
(1918) 55 SLR 616 at 618 (admittedly an unsatisfactory case), all citing (or in Bell’s
case misci...
... different meanings depending on
whether it is used in a contractual or restitutionary sense. Viscount Simon
in Fibrosa distinguished these meanings in the following manner:
13
in the law relating to ... the guilty
party creates the right in the innocent party to rescind instead of a right
in the guilty party to recover, which seems to be a preferable way to view
the problem. If,...
... 89 95; Graham v. Western
Bank of Scotland (1 854 ) 2 M 55 9 at 56 4 per Lord Ordinary Kinloch; Tennent v. City of
Glasgow Bank (1879) 6 R 55 4 at 55 7 for the defender; Maitland v. Gight (16 75) Mor 9 158 ;
Bonnington ... original scope, using it to resolve the problems
it was originally meant to resolve.
II. The original scope of the doctrine
These problems become clear if the origin of...
... innocent landowner, the aggrieved party is
constrained to engage in a transaction he has not freely chosen, for the
purpose of minimising the aggregate loss resulting from the other party’s
infringement.
In ... respecting the CIA’s confidential information.
Since the agent’s duty of loyalty is aimed, first and foremost, at preserving
and vindicating the CIA’s control over the dissemination...
... consent: instead, the primary distinction is bet-
ween performance by a third party with or without an interest in doing so.
(a) Performance by interested third parties
Where the third party whose ... not have a clear interest that payment should not
be made.
54
In certain circumstances a third party can recover even where the
discharge was against the debtor’s wishes
55
In Scots la...
... enrichment in english law 52 5
means not insisting on a minus to the plaintiff and, broader still, accept-
ing the possibility of interceptive subtraction freed from that restrictive
requirement. Interceptive ... appliances’),
57
in which the owner of land (D)
55
1996 (4) SA 19 (A) at 28G–H and 29D–H. I have changed the letters used in the
judgment to maintain consistency in this...
... impoverishment were unjustified.
57
53
Req. 15 June 1892, S 1893.1.281 note Labb
´
e, DP 1892.1 .59 6.
54
At 616.
55
Challies, Doctrine of Unjustified Enrichment, 30.
56
Contrast art. 1494, which establishes ... Fortier Inc. v. Caisse Populaire Desjardins de la Plaine [1998] RJQ 1221
at 1227, citing French doctrine.
110
[1999] 2 AC 349; [1998] 4 All ER 51 3.
111
The argument was buil...