Publication Type

Conference Paper

Publication Date

6-2005

Abstract

Economic analysis is applied to determining the effect of the change of position defense on the question of whether an innocent shareholder receiving an unlawful, mistaken dividend should be liable under English restitution law as the result of unjust enrichment. The analysis builds on and extends previous economics analysis of mistaken money transfers under restitution law. The conclusion of the analysis of the change of position defense is that unjust enrichment liability with the defense should not be extended to unlawful, mistaken dividends, even if the factors for unjust enrichment are present.

Discipline

Commercial Law | Comparative and Foreign Law | Law and Economics

Research Areas

Law, Society and Governance

Publication

Asian Law and Economics Association 1st Annual Meeting, Seoul, 24-25 June 2005

City or Country

Seoul, Korea

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1151207

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